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About cap-gap

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  1. No.. very slippery slope. You have to get stamp of H1 to activate it and imagine the scenario of H1 getting approved on the day you are on flight from India.
  2. cap-gap

    I797 I94 overridden by POE I94

    talk to a well qualified lawyer like Murthy. Your company attorney must be just a paper pusher..they might be referring to the last action rule which is more geared towards determining the current immigration classification based on your last action, not the stay limit. But that rule lacks some clarity though.. One thing people in your situation has been doing historically is they go to local cbp office and get the i94s straightened out..this is not same as illegal presence subject to 10 year ban but must be nerve wracking nevertheless...
  3. cap-gap

    Transfer from Receipt to Receipt

    Every bridge petition should be approvable to preserve the status integrity. In your case it appears you may not be able demonstrate it if the RFE response is not accepted.
  4. cap-gap

    H1B visa approved for only 1 month

    OPT is history for you as of now. If your emi gets a new project you can apply for extension. Otherwise find another good emp for H1transfer. At least you don’t have to bother about H1 cap.
  5. cap-gap

    H1B extension rejected

    When will the so called highly qualified individuals learn real life skills? though one wants to be empathetic of your circumstances, the glaring mistake of filing the extension a week before status expiration is hard to overlook. For the interim, file for cos to either h4 or B2 along with a letter pleading for forgiveness of status gap. if she already worked for last couple of months that is another mess of unauthorized employment to be dealt during GC process.
  6. cap-gap

    H4 visa based upon US registered marriage

    In other cases a US marriage certificate is perfectly fine for H4 but the timeline of events in your case can cause somewhat suspicion for sure.
  7. cap-gap

    Stuck in USA....HELP

    You don’t need AP if you can re enter using valid (H1) petition
  8. Attorneys have specializations in law, not on various technical job descriptions. A B.A. is job role does not necessarily require technical degree. OP: Uscis review agent might be sending rfe by literal interpretation i.e how a B.A. job in IT based on commerce and finance qualifications. But you know that the reality is typical BA job role requires MBA and technical background rather than software degree..
  9. cap-gap


    NOIR implies that a petition has been approved which would also mean your H1 status has been triggered. And you are already out of OPT status and hence you can not use OPT to renter.
  10. cap-gap

    Parents B2 Visa Refused

    OP said consular just asked three questions and posted those questions.. why you all jumped to preaching mode and jumping to conclusions? and how ridiculous is that third question?
  11. cap-gap

    Need to cancel my visa after approval!!

    Neither DHS or USCIS will not call you directly if you are in your home country. They will take help from local police. so as long as local police is not knocking on your door you are just being spammed by the self declared Nigerian heir .. neither the American agencies have the authority to stop you from Indian airport to foreign countries.. unless you have an Interpol outlook notice.. in which case you have already been locked up
  12. The certifications and registrations they are referring to are board certifications like Professional Engineer license or board certified medical Professional. These are granted by boards which have been authorized by state or federal legislatures.
  13. Op’s case is not revoked by employer but by USCIS
  14. There were two posts here few weeks ago whose H1 extensions were denied because their original H1 petitions that were counted against the Cap were revoked by USCIS. Hence the subsequent petitions were not cap exempt.
  15. You are out of status due to the invalid bridge petition. Better to leave the country and renter using the A’s petition.