lappar Posted February 27, 2013 Report Posted February 27, 2013 Hi all, I have a situation where my OPT extension got for 14 months instead of 17th months.My OPT expires next year april 2nd But i have a i20 which expires on july 7th.Can i call USCIS to know why they gave me 14months ? What are my possibilities of apply H1b before april 1st and if i apply H1b before april 1st ,what will be my status and am i eligible to work from april 1 to oct 1st? i can't apply for a h1b this years,
lappar Posted February 27, 2013 Author Report Posted February 27, 2013 Is that true? http://www.yale.edu/oiss/immigration/employment/offcampus/opt/extending.html To be eligible for the Cap Gap Extension, students who have less than 12 months of Post-Completion OPT remaining after using some Pre-Completion OPT prior to graduation will need to be sure that their Post-Completion OPT is still valid on April 1. We recommend counting backwards from April 1 to determine your OPT start date. Example of 9 months of Post-Completion OPT after 3-month Summer Internship *Start date no earlier than July 2 or 3; Expiration date on April 2 or 3
lappar Posted February 27, 2013 Author Report Posted February 27, 2013 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD Q4. How does a student covered under the cap-gap extension obtain proof of continuing status? A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1, 2012. If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status. I guess this will solve my issuse.
t75 Posted February 28, 2013 Report Posted February 28, 2013 Why cannot your employer apply this year? Talk to your DSO about the 14 verses 17 month dates.
lappar Posted February 28, 2013 Author Report Posted February 28, 2013 I work for a client through employer and the project ends in may.That's the reason i can't apply for this year.I talked to My DSO,she as no idea about it.I talked to USCIS customer care,the guy told me that the officer who processed my file have choose the dates and he have no idea about it.Any other solution? http://www.uscis.gov...000082ca60aRCRD Q4. How does a student covered under the cap-gap extension obtain proof of continuing status? A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1, 2012. If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status. This will solve my issue,the only thing i need to talk to my DSO about it.
livliv Posted March 1, 2013 Report Posted March 1, 2013 Send a letter to USCIS asking them to correct it to 17 months. That is the easiest way. Attach copies of EAD, I-20 and all the previously sent documentation.
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