Cap Gap Issue

[ali123456@]

My H1B petition sent to USCIS on June 11th (last day of acceptance) has not received the receipt number yet. My Employer is asking me to get another CPT or else don't work. Do i become eligible for Cap-Gap. My OPT end date is June 30 2012. What should i do to continue working. College people need receipt for Cap-Gap I-20.

[JoeF]

Was it sent on June 11, or received by USCIS on June 11.

Only petitions received by USCIS on June 11 do count.

[tejra567]

Ali,

I am in a similar kind of situation, I had been investigating a lot on it and based on my discussion with different people and attorney unless you have an approved H1 your CAP-GAP does not get extended , I have an approved H1 copy but I got a I-797B instead of I-797A and still my CAP-GAP is not being extended , I have told my DSO open an data fix ticket with SEVIS to fix this and give me a CAP-GAP but still no update from them.

Please talk immediately to a very very good attorney, All The Best

[ali123456@]

Yes It is sent on June 9 2012 and reached USCIS on June 12 2012. Yes looks like need a Professional Attorney Advice.

[wiweq]

"I had been investigating a lot on it and based on my discussion with different people and attorney unless you have an approved H1 your CAP-GAP does not get"

=> That’s correct. H1b should be approved to get in cap gap status. With our without I94 (I797b) doesn't matter. Approval is enough to get Cap Gap status.