Ishita Acharya Posted June 13, 2020 Report Share Posted June 13, 2020 F1 visa expired on May 30th and STEM OPT expired on June 4th. The 60 days grace period is expiring on Aug 4th 2020. The university could file for cap-gap extension once they receive the i797C receipt. H1B was picked in the lottery in March 2020 but the employer delayed submission and the documents are now being sent by the employer. Therefore, no work authorization as of now. As per the rule - “The cap gap extension can provided based on the below scenarios: Option 1 - If filed during a period of OPT (before OPT end date), you can receive an extension of both your work authorization and your F-1 status. Option 2 - If filed during the 60-day grace period, you can receive an extension of your F-1 status only. You will not be eligible to work until the H1B is approved and the H1B start date has arrived. (Current situation) Option 3 -If filed after the 60-day grace period, with no other underlying status, then you are not eligible for a cap gap extension.” Following Option 2, Is there any way to get work authorization during the period between now and 1st Oct to resume working for current employer? What are the other options to deal with this situation? Quote Link to comment
User099 Posted June 16, 2020 Report Share Posted June 16, 2020 No other way other than to wait for the H1 approval. Talk to an attorney to see if they can give you any options. Quote Link to comment
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