fed up Posted November 13, 2018 Report Share Posted November 13, 2018 Hi, I worked on cap-gap opt until sep 30th, and I was staying in USA based on my 2 pending H1-B applications.Recently one of my H1-B application got denied, and the other is still in pending. Can I stay in USA based on my pending application ? or will I be accruing unlawful presence ? Link to comment
gc485process Posted November 18, 2018 Report Share Posted November 18, 2018 On 11/13/2018 at 2:54 PM, fed up said: Hi, I worked on cap-gap opt until sep 30th, and I was staying in USA based on my 2 pending H1-B applications.Recently one of my H1-B application got denied, and the other is still in pending. Can I stay in USA based on my pending application ? or will I be accruing unlawful presence ? Since the second one is still pending you can continue to stay as long as the petition was filed before your end of the opt expiration date. Link to comment
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