Security Name Check - Initial H1-B Petition.

[H1BCulprit]

I have completed my Master’s degree in June, 2009 and was working until Sept 30th, 2011(CAP GAP I20 expired on this date) on different OPT’s outlined below. I spoke to my college to extend my Cap GAP I20, given my H1B petition is still pending, but they denied my request to extend I20. However, they said that I am still active status in SEVIS and can continue to stay in U.S legally.

MS degree completion– June 2009

Regular OPT Dates: 04/28/2009 – 02/21/2010

STEM extension OPT Dates: 04/22/2010 – 7/21/2011

Cap GAP I20: 7/21/2011 – 9/30/2011

Given the timeline I mentioned above, please help me answer below questions and provide me proper guidance to continue my legal stay in U.S. If you need to talk to me personally, I am more than happy to discuss this over the phone. Please let us know at the earliest.

1) Is there any way we can expedite my H1B petition process with USCIS? Can I continue to stay legally in U.S as long as the petition is pending?

2) Would I need a CAP GAP I20 issued by my College to continue legal stay until decision on H1B petition is arrived? If so, what kind of documentation should I provide to my college to issue the Cap Gap I20?

3) Since my petition is still under review, am I allowed to work in U.S under cap gap?

4) Since my petition has been under review for quite some time, Are we allowed to file another fresh H1B petition?(ignoring the chances of it going thru the same process again, I am willing to take that risk)

5) If my college is reluctant to issue Cap Gap I20, is there a need to look out for another college and move to F1 status?

6) If I need visit to India, while my H1B petition is pending under security check, what are the chances of me coming back to U.S on H4(If I get married in India) or F1 visa.