Filed for H1 and OPT expires May 30th


moniamil

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Hi all,

I have a scenario wherein I have filed for H1 this year, but my OPT expires on May 30th. As we don't have premium processing anymore (which would delay the notice of H1 processing), what is the possibility of me staying in USA after May 30th? I understand that I will have 60 days of cap gap (during which I wouldn't be granted to work), but if I dont get to know anything about H1 within the cap-gap should I be leaving the country and come back after October?

Can I register for course work as part of CPT after May 30th in parallel to H1 filing? 

FYI -  My F1 visa stamping expires on October 30th.

I would appreciate your insight on this topic.

Thanks in advance!

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2 hours ago, moniamil said:

Hi all,

I have a scenario wherein I have filed for H1 this year, but my OPT expires on May 30th. As we don't have premium processing anymore (which would delay the notice of H1 processing), what is the possibility of me staying in USA after May 30th? I understand that I will have 60 days of cap gap (during which I wouldn't be granted to work), but if I dont get to know anything about H1 within the cap-gap should I be leaving the country and come back after October?

Can I register for course work as part of CPT after May 30th in parallel to H1 filing? 

FYI -  My F1 visa stamping expires on October 30th.

I would appreciate your insight on this topic.

Thanks in advance!

You would receive a notice before May 30th. You can request for cap gap I-20 at that point.

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The Cap-gap extension applies even if H1 not picked –

H-1B petitions that are timely filed on behalf of an eligible F-1 student that request a change of status to H-1B on October 1 qualify for a Cap-Gap extension.

If the student’s H-1B petition is denied, withdrawn, revoked, or is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever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

This is what i understood from below link, correct me if am wrong

https://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#capgap

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