H1B Cap gap I-20

[NCJ]

"Guys Please keep this as H1 cap gap i-20, for another topic please start new thread "

My Scenario

I completed my Masters in May 2011 and My OPT started in june 2011.It was valid till june 2012 so I applied for OPT-Extension this year in March 2012 and in May 2012 I received my STEM-OPT extension for 17 months (it is valid till Dec 2013).

And in April 2012 My company applied for my H1 visa under masters premium category and it got approved in same month april 2012. My H1 is starting from 1st October 2012 and its valid for 3 years.

Now my wife is planning to apply for H4 in September 28th 2012 from Delhi Consulate

Now my questions are

1. Do I need to get H1 cap gap I-20 from my university?

2. Am I in H1B cap gap ??

[nrahuldev@gmail.com]

Hi Nishant,

1. Do I need to get H1 cap gap I-20 from my university?

You do not need to get cap-gap i20 as that is for someone who has completed his opt period but you are still in your opt period until your status changes from opt to H1.

2. Am I in H1B cap gap ??

No, you are not in cap-gap. You are in stem ext till Sep 30th 2012.

[sam1983]

"Guys Please keep this as H1 cap gap i-20, for another topic please start new thread "

My Scenario

I completed my Masters in May 2011 and My OPT started in june 2011.It was valid till june 2012 so I applied for OPT-Extension this year in March 2012 and in May 2012 I received my STEM-OPT extension for 17 months (it is valid till Dec 2013).

And in April 2012 My company applied for my H1 visa under masters premium category and it got approved in same month april 2012. My H1 is starting from 1st October 2012 and its valid for 3 years.

Now my wife is planning to apply for H4 in September 28th 2012 from Delhi Consulate

Now my questions are

1. Do I need to get H1 cap gap I-20 from my university?

2. Am I in H1B cap gap ??

1. If I am not wrong, and wait for others to respond but you're considered only in cap gap if your opt has expired before you file h-1 and you have no status between OPT expiry date and oct 1st which is h-1 effective date. so in your case I don't believe that you're on cap gap so you require i-20.

I still suggest you to keep updated with all your h-1 approval i979 notice to your school officials.

2. As if you are not on cap gap, you just need to submit current I-20 and copy of i 797 approval notice.

Best Luck.