Work status during CAP GAP period (April - Oct) with no OPT


shwetakailani

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Hi,

I will be graduating in May 2012. My present employer where I am doing my internship has agreed to sponsor my H1 in April 2012. Since the H1 is not in effect until October, what will my work status be in the period from May through October? I do not have an OPT and so will I still be eligible to work during that period?

Would really appreciate any sort of help regarding this.

Thanks,

Shweta

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  • 1 month later...

Cap gap applies to the people who has their OPT and if their OPT expires in between their H1 start date. This is capgap.

My question is, does your OPT got expired or you dont have an OPT option at all??

Thank you so much for your response. I really appreciate it. Yes.. I don't have OPT at all. I used up my OPT after my first masters. Can you think of a solution to this problem. I would really appreciate if you could please let me know if you of any work around?

Thank you in advance for your time.

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Thanks Joe. I really appreciate your response. I don't have OPT at all - so do you know of any solution to this problem. Is there a work around it?

Nope. You have 60 days you leave once you have graduated.

If an employer gets an H1 approved for you, you can get an H1 visa at a US consulate, and you can enter using that H1 visa up to 10 days before the H1 start date.

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Easy to say Nope.

Extension of your F-1 “duration of status.” This happens if you are in your 60-day grace period on the day your approved H-1B petition is filed. Again, you would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1b petition is approved and goes into effect October 1st, 2011.

http://internationaloffice.berkeley.edu/students/training/f-1/cap-gap

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Easy to say Nope.

Extension of your F-1 “duration of status.” This happens if you are in your 60-day grace period on the day your approved H-1B petition is filed. Again, you would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1b petition is approved and goes into effect October 1st, 2011.

http://international...ing/f-1/cap-gap

The OP asked about "work status".

If the person is not on OPT when the H1 is filed, the person can not work until the start of the H1.

Staying in the US during that time is then practically pretty much out of the question, since the person can not earn any money, yet has expenses, e.g., rent, food, etc.

Unless the person is independently wealthy (or has wealthy relatives who support him or her), there will be no choice but to leave the country and come back when the H1 starts.

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Thank you all for your responses. I really appreciate your time. So, I do see something that I was hoping not to be true is that I am not eligible to work during that period. Do you think there is a work around to this situation? Maybe getting enrolled in school for another program or something else? Would appreciate any help from you.

Thanks,

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Thank you all for your responses. I really appreciate your time. So, I do see something that I was hoping not to be true is that I am not eligible to work during that period. Do you think there is a work around to this situation?

No.

Maybe getting enrolled in school for another program or something else?

That doesn't give you work authorization. Enrolling in school is for studying, not working.

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