OPT Cap Gap Eligibility

[Anand991]

Hello

I have a question about the eligibility for cap gap on H1B. I received my post-completion OPT (Phd program engineering) based on finishing course work (thesis pending), and joined my company on same. I was supposed to defend and graduate before the end date on my OPT (June 1) so that I could apply for extension (17 month).

However, I will not be able to defend my PhD dissertation on time (due to not meeting school deadlines etc.) and as such will not be eligible for OPT extension. Since I have an MS degree from another US school, I was wondering whether or not my company can file my H1B using my MS degree (they have no problem with that) and still be eligible for cap gap (June 1-Oct 1) although I have not finished my Phd dissertation and defended it on time (within 1 year of obtaining OPT card).

Thanks for your help

Anand

[OPT_stem_extension]

Yes, company can sponsor H1B visa sponsor.

You can request current DSO for any letter mentioning you academic record. It can help you apply for OPT EXTENSION.

If there are no chances at all for extension, you need to check if you are eligible for residencial cap-gap( no work till 1 oct, just stay in US). You can talk to DSO if you can get CPT and work after filing H1 visa till the thesis is complete or H1visa is approved whichever comes first.

[Attorney_25]

If the COS to H-1B is filed before your EAD expires on June 1, you can use cap-gap to continue to work through 9/30. You don't necessarily need the MS. You need a position which requires at least a bachelors degree or its equivalent, and you need to qualify under the requirements of the position as offered by the employer.

[Anand991]

Attorney_25: Thanks for your response. However I think you misunderstood my situation. I have MS degree, working on OPT based on PhD (course work done, thesis pending). If company files for H1B premium based on MS (and get accepted before May 31), can I qualify for cap-gap although I will not have defended and graduated my PhD? Again my current OPT is based on PhD and NOT MS degree.

Thanks

[chtummala]

Attorney_25: Thanks for your response. However I think you misunderstood my situation. I have MS degree, working on OPT based on PhD (course work done, thesis pending). If company files for H1B premium based on MS (and get accepted before May 31), can I qualify for cap-gap although I will not have defended and graduated my PhD? Again my current OPT is based on PhD and NOT MS degree.

Thanks

he is clear .. your cap gap does not depend on your masters ..

If company files for H1B premium based on MS (and get accepted before May 31), can I qualify for cap-gap

and is yes

[Anand991]

Hello

I recently contacted my school DSO about Cap Gap eligibility, and I was told that in order to be on the safe side, I should have defended my thesis (PhD) and obtained letter of completion (LOC) before OPT expires. I explained that my employer wants to process H1B based on MS degree, and I was told by company attorney (as well as attorney_25 on this board) that Phd degree is not an issue in this case. Supposedly, as soon as H1B gets approved (premium filing) I should be eligible for automatic extension on I-20 based on Cap Gap. I never violated my status throughout my stay, and that seems to be a hard pre-requisite for Cap Gap.

I appreciate if someone will clarify this to me.

Thanks