H1B RFE Received; OPT Expiring in December 2016


PriChip

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Hello, 

I am an MBA graduate currently on my 1 year OPT which is expiring on 21st December. My employer has applied for my H1B and we have received an RFE in my case. We responded with the required documentation, RFE response was received by the USCIS on the 31st October.

Can anyone help me understand if I will be considered towards CAP GAP if my OPT expires and the H1B approval is still pending or would I be counted towards the 60 day grace period after expiry of the OPT. 

I was also considering applying for another F1 visa from a University as an alternate plan but I am not sure if the new i20 and new SEVIS # that I will get by applying for a new F1 would affect the H1B process in any way.

Thanks in advance. Any help would be much appreciated.

Regards,

Prithvi

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