Non E-Verified and CAP GAP period of H1B


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My prospective employer is a non e-verified organization. My F1 OPT expire on Apr 30th 2014 and I am not STEM Graduate . Prospective employer willing to apply for H1B on April 1st 2014.

Prospective employer attorney team thinks, between April 30th 2014 and Sep 30th 2014, I would be out of work visa status and i am not suppose to work & live in US during that period.

Employer has assumption that CAP GAP period is equivalent to post completion OPT extension period. Being non e-verified organization, they don't want to apply for extension for period from May 1st to Sep 30th.

  1. Is that their assumption is correct ?
  2. Is that non e-verified company can apply for H1B ?
  3. Should the non e-verified company worry about my period of work between May 1st to Sep 30th ?
  4. What is the chances that the properly applied H1B on time may get rejected, if its sponsored by Non E-verified company?
  5. Can they apply for GC Perm process while I am in F1 OPT ?
  6. If so, would that be alternate route in my case to stay and work in US without any out of work visa status by the time when my F1 OPT gets expired (i.e April 30th 2014)?

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1.That is not correct, since your cap-gap authorization is based on non-STEM OPT, the employer need not be enrolled in EVerify for you to work for them in that period.

2. EVerify is not required for H1B right now.

3. No

4. It makes no difference

5. Your employer can initiate PERM

6. Cap-gap is sufficient. See above.

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Thanks livliv.

In order to be in safer side, even if my employer initiates GC PERM process, would I be able to get I 485 prior to April 30th 2014. Is there easy site which explains GC process in simple & Clear way that I can learn myself rather than bugging forum with simple questions ?

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