Opt Cap-Gap Question

[myimmi]

I am currently on F-1 STEM OPT which ends on July 15th 2013 working at clients location. My current consulting company planning to file H1B this year(April '2013). As i understand if H1B is approved it will be valid from October 1st 2013. But I will have gap between July 15 to September 30th.

Will I be out of status for that peroid OR OPT CAP-GAP rule applies and Change of Status will be accepted when filed with H1b in April'13 ?

Or do i need to go out of country and get H1b Visa Stamping & re-enter again to use H1B. I really want to avoid to go to India to get H1B Stamping.

[livliv]

You will be eligible for cap-gap. After H1 is filed, inform your school's DSO about it.

[myimmi]

So, does it mean Change of Status wil automatically approved and will get new I-9 along with H1B approval. And i don't have to go out of country to get stamped and get I-9 at PortOfEntry.

[chtummala]

new I-9 ??r u talking about i-94.

Check more about cap-gap

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[t75]

Nothing is guaranteed but you would not normally have ot go for stamping before beginning work,

[itduzz]

You are eligigble for cap gap only if H-1 is approved. Have a plan B as well just in case if H-1 is rejected.

[myimmi]

new I-9 ??r u talking about i-94.

Check more about cap-gap

http://www.uscis.gov...00045f3d6a1RCRD

yes I meant I-94. So as per my understanding, if a person faill in Cap-Gap regulation, he/she wouild apply H1B along with Change of Status. If H1B is approved, generally "Change Of Staus" is also accepted and will receive new I-94 along with H1B approval notice. Is that right assumption ?

[chtummala]

yes I meant I-94. So as per my understanding, if a person faill in Cap-Gap regulation, he/she wouild apply H1B along with Change of Status. If H1B is approved, generally "Change Of Staus" is also accepted and will receive new I-94 along with H1B approval notice. Is that right assumption ?

yup

[livliv]

So, does it mean Change of Status wil automatically approved and will get new I-9 along with H1B approval. And i don't have to go out of country to get stamped and get I-9 at PortOfEntry.

It is I-94 not I-9.

You are eligible for that. But it depends on a lot of other things, like if you have maintained F1 status, worked in your field of study and not been unemployed for more than 90 days.