kanth05 Posted September 8, 2015 Report Share Posted September 8, 2015 Hello Experts, My H1B (new) was filed on Apr 13th under Masters/Regular processing with Vermont Center, and the Receipt notice is dated Apr 27th 2015. It is more 4 months now and I have not yet received any updates on my case. The status in USCIS portal is "Case is Received". My OPT Extension is going to end on September 28th, Would i be able to work on H-1 receipt until H-1 gets approved even if it extends after October 1st If not should I be looking for alternatives after October 1st Can anyone please tell me how long more will it take for USCIS to arrive at a decision on my case? Is there anyone facing a similar situation. Appreciate your response! Thank you.. Link to comment
jairichi Posted September 9, 2015 Report Share Posted September 9, 2015 Why don't you upgrade to PP. Link to comment
kanth05 Posted September 9, 2015 Author Report Share Posted September 9, 2015 My employer says that there is a chance for rfe if i upgrade to PP... would I be allowed to work on Cap-Gap even after October 1st on my Receipt..Please let me know..Thanks! Link to comment
jairichi Posted September 9, 2015 Report Share Posted September 9, 2015 My employer says that there is a chance for rfe if i upgrade to PP... would I be allowed to work on Cap-Gap even after October 1st on my Receipt..Please let me know..Thanks! 1. Employer is wrong. 2. Yes, provided you were working at the time of H1B filing. Talk to your DSO. Link to comment
teja111 Posted September 9, 2015 Report Share Posted September 9, 2015 I am also in same boat.. CASE RECEIVED status since April 13th.. Even my employer says same thing.. If upgraded a PP there is a chance for RFE.. My cap gap is also ending sept 30th.. Are you with VERMONT or CALIFORNIA service center? Link to comment
JoeF Posted September 9, 2015 Report Share Posted September 9, 2015 RFEs only happen if there is something shady or missing. It has nothing to do with upgrading to PP. Cap-gap ends on Oct. 1. You would have to stop working then and could only start when the H1 is approved. Link to comment
kanth05 Posted September 9, 2015 Author Report Share Posted September 9, 2015 I am also in same boat.. CASE RECEIVED status since April 13th.. Even my employer says same thing.. If upgraded a PP there is a chance for RFE.. My cap gap is also ending sept 30th.. Are you with VERMONT or CALIFORNIA service center? Mine is with vermont Link to comment
jairichi Posted September 9, 2015 Report Share Posted September 9, 2015 RFEs only happen if there is something shady or missing. It has nothing to do with upgrading to PP. Cap-gap ends on Oct. 1. You would have to stop working then and could only start when the H1 is approved. http://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 Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30. If the student’s H-1B petition is denied, withdrawn, revoked, or is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States. Link to comment
teja111 Posted September 16, 2015 Report Share Posted September 16, 2015 What if the H1B petition is selected in lottery and receipt has been generated and CAP-GAP has been completed and still H1B is in PENDING status.. and USCIS didnt respond with any approval or REJECTION.. What can we do other than departing from US? Link to comment
jairichi Posted September 16, 2015 Report Share Posted September 16, 2015 What if the H1B petition is selected in lottery and receipt has been generated and CAP-GAP has been completed and still H1B is in PENDING status.. and USCIS didnt respond with any approval or REJECTION.. What can we do other than departing from US? In my opinion (my earlier response) one can stay till a decision is taken on that petition. Check with an attorney. Link to comment
teja111 Posted September 18, 2015 Report Share Posted September 18, 2015 @jairichi ---- So do you have any stats from last year ..about how long did USCIS take to respond to all cases like is it Dec 2014 or something like that? Link to comment
kanth05 Posted October 8, 2015 Author Report Share Posted October 8, 2015 Thanks guys..I have received response from my employer that my case went to security check..can someone explain regarding H-1 going into security check and when can i expect response...Thanks! Link to comment
mrk24 Posted December 4, 2015 Report Share Posted December 4, 2015 Hi What is this security check means? is this related to personal profile, education, and previous employment? appreciate if anyone clarifies... Link to comment
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