H1B RFE -- OPT Cap GAP extension

[mangodb]

Iam currently on my OPT Cap  GAP extension. I got an RFE on my petition and the timeline to answer is OCT 20.

 

1)Can I be able work after September 30 if my H1B is still in process?

 

2) What are my options if H1B is denied after october1st?. Will I be able to change to F1 status in that situation?

 

Appreciate your suggestions.

[JoeF]

Cap-gap only allows you to work until Sept. 30, even if the H1 isn't approved by then.

If the H1 would get denied, you would have to leave the country.

Changing to F1 is not possible, because getting admitted at a university takes several months. And if you sign up with a fraud, a fake "university", your career in the US would be over and you would never get an H1.

[jairichi]

1. Yes.

2. You cannot as admission for fall session is long over.

[rahul412]

Iam currently on my OPT Cap  GAP extension. I got an RFE on my petition and the timeline to answer is OCT 20.

 

1)Can I be able work after September 30 if my H1B is still in process?

 

2) What are my options if H1B is denied after october1st?. Will I be able to change to F1 status in that situation?

 

Appreciate your suggestions.

1. I think your cap gap ends on Oct 1st. If this true then you might not be eligbile to work after cap gap expires.

2. To move back to F1, you should have I20.

[mangodb]

Thanks Joe, Jairichi and rahul. 

 

From the murthy forum FAQs, it is answer "You should resume your study at the next available term not to exceed five months into the future". So that any student in similar situation can apply for a good university which starts in January? Is this correct?

 

I have seen in murthy forum FAQs.

 

http://www.murthy.com/2013/05/31/faqs-from-students/

 

 

 

Question (27.Dec.2013): My OPT authorization ended one month ago and I have been waiting for an approval of my employer’s H1B petition that it filed on my behalf. Unfortunately, the H1B petition was denied because of the lack of evidence about the employer / employee relationship. I would like to continue to maintain status in the U.S. What should I do to stay in valid F-1 status?

Answer: You appear to be in valid F-1 status until the end of your 60-day grace period after the expiration of your OPT authorization. To maintain your F-1 status in the future, you may transfer your SEVIS record to a new program of study by the end of your grace period. You should resume your study at the next available term not to exceed five months into the future.

[rahul412]

That's what we said, to maintain F1 status after OPT expiration you need to have a valid I20 from a good school.