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

[AmIOutOfStatus]

Hello guys,

I need advice regarding my case. I am going for Ottawa for visa stamping, however I have questions about my status in the past. Following is the timeline of my status in USA:

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Mar 30th 2011 - H1B has been withdrawn.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 - 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 my MBA Program.

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

Q1: Between Aug 31st 2010 and Mar 30th 2011 - I am covered under Cap - Gap. Am I right about this? If 'Yes', I will be in status for 60 days upon which I have to leave the country. So was I ever out of status?

Q2: If I was under Cap - Gap, Will I be eligible to work? As per my DSO's opnion I worked illegally for about 4 months, at the time when I enquired about my sevis after TVU shut down. However, in another lawyers opinion "Cap-Gap is a grey area and I can expect nuetral treatement about working during this time". Please give your input in this regard, and how I can address this issue during my stamping process?

Do you see any different questions in my case. Any input's will be of great help and are appriciated.

Thanks.

[JoeF]

With anything TVU related, all bets are off.

Assume that you were out of status because of the SEVIS transfer to TVU.

[AmIOutOfStatus]

Hi,

I had my interview today at 9, Dec 17th, Ottawa.

VO: Good Morning, where did you graduate from? when did you graduate? when were you out of status? what do you do for emp name? who is the client? what do you do? how many layers? letters? I have no reason to reject your visa, but our database is slow this morning, if something comes up on it, we will ask for further doc. You might have questions at the border as you have been on and off with your status. Wait for the email.

Thanks.

[AmIOutOfStatus]

Got mail for Loomis pick up!

[Ankur916]

@AmIOutOfStatus - for the question when were you out of status? What was your answer.Can you please explain about it

[AmIOutOfStatus]

@AmIOutOfStatus - for the question when were you out of status? What was your answer.Can you please explain about it

I am not exactly sure if I was ever out of status...but it looks like I was!...so the visa officer was asking me questions on when I was out of status...I explained the scenario, but he really did not have time to hear and did not look like he was interested in knowing it...the only thing he said regarding the out of status is that I will have issues at port of entry...what kind of issues? I dont know yet...Only thing I am planning to is to book tickets with enough time more than 4 hours at port of entry to answer all the questions.

I have been to mexico twice, both the times I had to wait for 2hrs to answer their questions. I am expecting the same this time also..Will update how it goes.

[nn.teradata@gmail.com]

Did you get any struggle at port of entry?

[AmIOutOfStatus]

Nothing really...