OPT to H1B - Urgent!!!!

[saa5976]

My opt stem extension is pending and I got an RFE to reply by end of May. I am filing h1b this year.

for some reason, if Opt is denied and my h1b is in processing, what steps do I need to take? can i request for cap-gap i-20 at that time? What will be my status then?

my school says I am not eligible for cap gap I-20 and they want me to contact an immigration attorney. Are they correct about this??? they say I am not eligible for it since SEVP defined cap gap is for OPT approved students whose OPT is already expired. In this situation, can I take admission in another school to just be status till my h1b decision?

Please help me with my questions. I appreciate and thanks for your help.

[rahul412]

my school says I am not eligible for cap gap I-20 and they want me to contact an immigration attorney. Are they correct about this??? they say I am not eligible for it since SEVP defined cap gap is for OPT approved students whose OPT is already expired. In this situation, can I take admission in another school to just be status till my h1b decision?

They are right. You are not eligible for CAP-GAP, its only for students with STEM OPT expired.

Remember, joining some 'school' just for 'status' will put you in deep trouble.

Only option, OPT has to be approved. BTW, what's the RFE and why are you so scared of it?

[Lakshmi1234]

My opt stem extension is pending and I got an RFE to reply by end of May. I am filing h1b this year.

for some reason, if Opt is denied and my h1b is in processing, what steps do I need to take? can i request for cap-gap i-20 at that time? What will be my status then?

my school says I am not eligible for cap gap I-20 and they want me to contact an immigration attorney. Are they correct about this??? they say I am not eligible for it since SEVP defined cap gap is for OPT approved students whose OPT is already expired. In this situation, can I take admission in another school to just be status till my h1b decision?

Please help me with my questions. I appreciate and thanks for your help.

You are not eligible for Cap Tap once your OPT get rejected.Once it get rejected automatically your SEVIS will be terminated. In That case you have to leave country.

Last year Even I got RFC for my OPT.I gave them response and I received card in 40 days

[pradeep61]

My opt stem extension is pending and I got an RFE to reply by end of May. I am filing h1b this year.

for some reason, if Opt is denied and my h1b is in processing, what steps do I need to take? can i request for cap-gap i-20 at that time? What will be my status then?

my school says I am not eligible for cap gap I-20 and they want me to contact an immigration attorney. Are they correct about this??? they say I am not eligible for it since SEVP defined cap gap is for OPT approved students whose OPT is already expired. In this situation, can I take admission in another school to just be status till my h1b decision?

Please help me with my questions. I appreciate and thanks for your help.

wht does that RFE contains because i got RFE for my opt stem ext and i need to reply by June. My RFE states that i need to show my employment history in first opt period and maintenance of F1 status.

[Attorney_25]

If a person has more than 90 days of unemployment during the initial OPT period, he will be considered not to have maintained F-1 status.

[Attorney_25]

Also, if the H-1B petition is received at USCIS during the OPT period, this extends OPT work authorization. Cap gap also applies to F-1 students who are not in their OPT period, but in that case only F-1 status is extended, as there is no work authorization to extend. Such a person may remain in the US for the start of the H-1B period on October 1, and change of status may be granted, but the person whose OPT work authorization was not extended may not work.

You may want to schedule a consult with a qualified immigration attorney to determine how to handle the OPT RFE and other related issues.

[saa5976]

Also, if the H-1B petition is received at USCIS during the OPT period, this extends OPT work authorization. Cap gap also applies to F-1 students who are not in their OPT period, but in that case only F-1 status is extended, as there is no work authorization to extend. Such a person may remain in the US for the start of the H-1B period on October 1, and change of status may be granted, but the person whose OPT work authorization was not extended may not work.

You may want to schedule a consult with a qualified immigration attorney to determine how to handle the OPT RFE and other related issues.

Thank you for responding.

My OPT started in Feb 2012 and I joined a consulting company in May 2012 (80 days unemployed). I got trained in a xxx technology and completed my certification in September 2012 (no salary or payroll during this time). I started working at client location from November 2012. I believe I have maintained lawful F-1 status. Please correct if I am wrong.

I need to respond to my RFE by the end of May 2013 and I am filing for H1-B on April 1, 2013. If my opt is rejected, can I continue to stay in United States maintaining lawful status till my H1-B decision comes? If it is approved, can I continue my stay till the start date or do I need to leave the country, get stamped and then re-enter before October 1, 2013?

[catx]

I got trained in a xxx technology and completed my certification in September 2012 (no salary or payroll during this time).

This could cause a problem, as non-paid training for a certification could be interpreted as not being employed during that time. Real employers invest in their employees by providing training and professional development and paying them their salary.

I am filing for H1-B on April 1, 2013.

An individual cannot file for a H-1B visa for themselves. Only an employer can submit a petition for an employee.

Respectfully, it sounds like you need to be ready to depart the U.S., and then find full-time direct employment with a real employer who will submit a H-1B visa petition for them.

[saa5976]

This could cause a problem, as non-paid training for a certification could be interpreted as not being employed during that time. Real employers invest in their employees by providing training and professional development and paying them their salary.

An individual cannot file for a H-1B visa for themselves. Only an employer can submit a petition for an employee.

Respectfully, it sounds like you need to be ready to depart the U.S., and then find full-time direct employment with a real employer who will submit a H-1B visa petition for them.

sorry, I mean to say my employer is filing my H1-B.