Moving to H4 not knowing if H1B is selected in lottery

[Pradeepbloom]

Hello all,

I'm currently on OPT ext. valid thru April 30th and i'm planning to file for H1B this year. I have few questions about the COS during H1B pending application:

 

1) Can i get a CAP GAP extension until May 30th from school if i provide them with Fedex receipt showing my H1B application delivery to USCIS?

2) Even by May 30th, if i don't know if my H1B application is selected in the lottery can i go abroad and convert to H4 visa, since i will be out of status from June 1st?

3)Once i'm back to US on H4 visa and i get a receipt saying my H1B is picked up in the lottery. Will USCIS still process my H1B application considering now i'm on H4 visa?

4) Will i have any issues going for H4 stamping when i submitted my H1B application?

 

Thanks for your help!

[xTDx]

18 hours ago, Pradeepbloom said:

Hello all,

I'm currently on OPT ext. valid thru April 30th and i'm planning to file for H1B this year. I have few questions about the COS during H1B pending application:

 

1) Can i get a CAP GAP extension until May 30th from school if i provide them with Fedex receipt showing my H1B application delivery to USCIS?

2) Even by May 30th, if i don't know if my H1B application is selected in the lottery can i go abroad and convert to H4 visa, since i will be out of status from June 1st?

3)Once i'm back to US on H4 visa and i get a receipt saying my H1B is picked up in the lottery. Will USCIS still process my H1B application considering now i'm on H4 visa?

4) Will i have any issues going for H4 stamping when i submitted my H1B application?

 

Thanks for your help!

A opt cap gap i-20 valid till 30th sept can be certified by your school DSO  based on the H1b receipt.

So

1- No, to get new i20 with cap-gap you need H1b receipt number to say the least.

2-See 1, if you get a receipt number before april 30th, contact DSO and get a cap-gap valid till 30th Sept. If you do not get a receipt number and are not able to get a cap-gap i120 , then you would have to leave usa before any grace period/i94 expires.

3- USCIS will process the h1b application regardless of your immigration status. However, any change of status filed will not be approved as you would not be in F1 status at that time. H1b if approved will be under consular processing. 

4- No