sk7 Posted May 20, 2013 Report Posted May 20, 2013 My first OPT expired on JAN 21 2013. I applied for STEM OPT before that , got a RFE, replied to it and got DENIAL on May 15 2013, as reason mentioned is more than 90 days unemployment. Working till date. I have been aproved the H-1 visa with start date Oct 1 2013 What are my options now- Whether I qualify for Cap Gap & whether can I stay in U.S.A as my H-1 is approved? Please reply asap. Regards.
t75 Posted May 20, 2013 Report Posted May 20, 2013 You may NOT work with the denial. Your H1B is of no consequence until ten days before Oct 1 when you may reenter if you qualify for visa stamping. If you were unemployed for more than 90 days total, you should have left the country already. Did you properly report to your DSO?
sk7 Posted May 20, 2013 Author Report Posted May 20, 2013 Yes I reported, the period of 90 days unemployment was out of country. Can i transfer in any School program for maintaning my status till Oct.?? Or else can I stay in Country without working till Oct??
rahul412 Posted May 20, 2013 Report Posted May 20, 2013 Yes I reported, the period of 90 days unemployment was out of country. Can i transfer in any School program for maintaning my status till Oct.?? Or else can I stay in Country without working till Oct?? Transferring to a school is not good idea. But I guess you can use CAP GAP, but doesn't know how it works in this case. Better contact school DSO and some good immigration attorney.
t75 Posted May 20, 2013 Report Posted May 20, 2013 Your out of country counts as unemployment; you should not have been permitted to reenter. You need to see your DSO for a reality check. You have problems.
t75 Posted May 20, 2013 Report Posted May 20, 2013 CAP GAP does not apply since you cannot legally work due to your UNEMPLOYMENT which you admit.
rahul412 Posted May 20, 2013 Report Posted May 20, 2013 CAP GAP does not apply since you cannot legally work due to your UNEMPLOYMENT which you admit. got it.
nsenagari Posted May 21, 2013 Report Posted May 21, 2013 I guess CAP GAP works until you here a decision on pending application. But anyway you will find a document in the web by USCIS for OPT and STEM OPT condition, though it has large volume..please go through at the key points, then you will understand. Employers may not have correct idea on the OPT rules..if you are eligible show to them and work untill Oct 1st
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