DS 160 Form - TVU Sevis - Cap Gap - Was I out of status?


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Hello guys,

I have been trying to figure out if I was really out of status in the past, If 'Yes' how I can answer any questions regarding this. Here is a brief outline of my status:

Dec 15th 2006 - Entered USA on F1 visa

Aug 8th 2009 - Graduated with MS Degree

Sep 1st 2009 - OPT Start Date

Aug 12th 2010 - H1B Reciept Date

Aug 31st 2010 - OPT End Date

Aug 31st 2010 - Transferred sevis to TVU; However transfer did not occur as my H1 process is already in place.

Jan 21st 2011 - Learned that my SEVIS has been terminated as it is in TVU's transfer-in list.

Mar 12th 2011 - Got new I20 from another University.

Mar 30th 2011 - H1B has been withdrawn.

Apr 5th 2011 - Applied for Reinstatement on DSO's recommendation.

May 25th 2011 - Withdrew Reinstatement

May 25th 2011 - Left USA for Mexico.

June 2nd 2011 - Entered USA from Mexico with new I 94.

May 1st 2012 - Got CPT; I have not used CPT in my old Masters.

May 15th 2012 - H1B Reciept Date

Aug 28th 2012 - H1B Approval Notice Date

Oct 1st 2012 - On H1B status; F1 was automatically terminated.

Dec 12th 2012 - Will graduate from my MBA Program.

Dec 17th 2012 - Have visa stamping appointment in Ottawa, Canada.

Q1: Between Aug 31st 2010 to Mar 30th 2011 - I am on Cap - Gap. I had 60 days to leave USA, untill which time I will still be in status. Am I right about this?

Q2: Was I eligible to work during this time? DSO from my old school was confident that I worked illegally untill Jan 2011, It was then I stopped working. However I have discussed the same issue with a lawyer. As per his opinion "Cap-Gap is a grey area with no hard rules, so it could be percieved either way". How can I address any questions in this regard?

Do you see any other issues with my case that might hinder my visa approval chances.

Any input in this regard will be helpful.


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