CAP GAP extension

[AjayB]

Hi, My OPT extension was valid until April 8th and My employer have filed the H1B under premium processing on April 1st. I am selected in the lottery and got the H1B reciept number stating that my application was recieved on April 8th. Am i eligible to work under CAP GAP extension. My DSO states that only F1 status is extended until september 30 and not work authorization. can anyone suggest on how to proceed with this situation? can i request a data fix with SEVP ?

[chtummala]

when did you apply for cap gap ..

[AjayB]

Thanks for the reply...

I applied for CAP GAP on April 2nd itself with the proof of filing(fedex reciept and My H1B application) but my DSO didn't consider this. Here is the source from USCIS where it states that i am eligible to apply with Fedex reciept.

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

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.

Here is another source from SEVP regarding cap gap guidelines:

http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf

[aomiups]

yes you can work, once your H1B is approved, your OPT will extend to 09/30

[dd9]

Hi AjayB,

Did your matter get resolved? Has your DSO issued another I-20 with work authorization?

Thanks