OPT EXPIRING, H1B APPLIED

[Sachin N]

Hello all, 

 

 I'm currently on my F1 OPT which is expiring on May 3,2017. My employer has applied for my H1B Visa today as of April 3, 2017. The information I seek here is:

 

1) Will I be eligible for the Cap Gap extension since my OPT is valid at the time of my H1B application? Is there a cause of concern here?

2) If not eligible for Cap Gap, what are my options going forward and how would you suggest me to go about maintaining my lawful status here?

 

Your response would be highly appreciated. I'll be extremely thankful to you guys if you could provide me some insight here. Thank you !

[prad0211]

Cap-gap is applicable only if your petition gets selected in the lottery. To be on the safer side, apply for STEM extension if your degree is in the STEM field.

[shekar11#]

10 hours ago, Sachin N said:

Hello all, 

 

 I'm currently on my F1 OPT which is expiring on May 3,2017. My employer has applied for my H1B Visa today as of April 3, 2017. The information I seek here is:

 

1) Will I be eligible for the Cap Gap extension since my OPT is valid at the time of my H1B application? Is there a cause of concern here?

2) If not eligible for Cap Gap, what are my options going forward and how would you suggest me to go about maintaining my lawful status here?

 

Your response would be highly appreciated. I'll be extremely thankful to you guys if you could provide me some insight here. Thank you !

You are eligible for cap gap. Contact your DSO.

[prad0211]

3 hours ago, shekar11# said:

You are eligible for cap gap. Contact your DSO.

Cap gap comes into play, only if the H1-B petition is approved.

[pontevecchio]

"The cap-gap extension is available to students who, as of April 1st (the beginning of each fiscal year) were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period."

 

[shekar11#]

21 hours ago, prad0211 said:

Cap gap comes into play, only if the H1-B petition is approved.

No. If your H-1 is picked and you have a receipt, you are eligible for cap-gap.

[Sachin N]

On 4/4/2017 at 3:11 PM, pontevecchio said:

"The cap-gap extension is available to students who, as of April 1st (the beginning of each fiscal year) were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period."

 

Thank you for your response. So this means I do not need to have a notice saying that my application was selected in the lottery for me to be able to apply for Cap Gap extension. Does the 'Pending' status here refer to the the application being picked in the lottery but awaiting or approval or does it merely refer to having sent over the Application packet with the "Change of status" petition?

[pontevecchio]

It means a pending application. Instead of trying to complicate the situation, please go and see your DSO as soon as you can and she will explain the process.

[Vidyu]

i had same question, please refer "Proof of Continuing status" from  USCIS website 

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

 

We have to provide DSO with a copy of petition along with USPS/Fedex mail receipt.

 

Hope that helps.