himanshukalva Posted August 6, 2013 Report Posted August 6, 2013 Hi, I am on CPT my course will be done on Aug 17. From Aug 17th to October 1st I have cap-gap I 20. This is my 2nd master and my OPT was already done so can not take 2nd OPT. My h1 b approved this year and I have visa stamping date next month in Vancouver, Canada. I have below 2 questions: 1) If I take another course from Aug 17th for 1 year to continue my CPT till October what should I answer to VO if he will ask me question that why I took course? will i continue this course after H1 etc etc.? 2) 2nd scenario is I don't take admission and go for stamping on Cap-gap den VO may ask me question like how can u work in September? As on my client letter when i applied for H1 visa says that my project is from 2013 to 2016. Please Advise if I should take admission or no? Thanks.
rahul412 Posted August 6, 2013 Report Posted August 6, 2013 Dude, I have already explained you everything in your earlier post. You won't get different answer if you post it multiple times.
himanshukalva Posted August 7, 2013 Author Report Posted August 7, 2013 @rahul412: This is different question not the same. This time I have question regarding whether to take admission or no?
JoeF Posted August 7, 2013 Report Posted August 7, 2013 Cap-gap does NOT work with CPT. It requires an OPT.
rahul412 Posted August 7, 2013 Report Posted August 7, 2013 @rahul412: This is different question not the same. This time I have question regarding whether to take admission or no? what did your employer suggested to do?? Just wondering why did you filed H1 without completing the degree??? You said, this is your 2nd master's, any reason for 2nd degree??
himanshukalva Posted August 7, 2013 Author Report Posted August 7, 2013 @Rahul412: My employer will ask attorney but he is also confused. This is my 2nd master I didn't filed first time as I did not have job. As i did not get Job in OPT so to remain in status I had to continue for 2nd degree and 2nd degree is also completing in August. @JoeF: I have Cap-gap i-20 provided by my adviser.
rahul412 Posted August 7, 2013 Report Posted August 7, 2013 As i did not get Job in OPT so to remain in status I had to continue for 2nd degree and 2nd degree is also completing in August. Are you gonna say the same during the interview? Dude, you did to stay in US,not to stay in status and their is lots of difference. BTW, cap gap I20 is given once you finish the program, not during the program. Ex, if your OPT is expired in March and filing for H1 in April the period from March (OPT expiration date) to Oct 1st is cap gap period and OPT should not expire 60days(I am not sure) before April 1st. But in your case, you are in CPT. Just only one question, what's the name of your 'university'?
JoeF Posted August 8, 2013 Report Posted August 8, 2013 CAP-GAP is NOT available for CPT. It doesn't matter what your adviser gave you. An I-20 is from the college, not the adviser. And CAP-GAP does NOT apply for CPT. Period.
himanshukalva Posted August 8, 2013 Author Report Posted August 8, 2013 @rahul412: "********* ************ College" @ JoeF: When I said Adviser it means it was issued from college itself. BTW Cap-Gap I-20 is effective from 18th August till October 1st.
rahul412 Posted August 8, 2013 Report Posted August 8, 2013 @rahul412: "********* ************ College" @ JoeF: When I said Adviser it means it was issued from college itself. BTW Cap-Gap I-20 is effective from 18th August till October 1st. Just give us a hint, not the complete name. Did you ever realize that why you need a CAP_GAP I20 before graduation??
himanshukalva Posted August 8, 2013 Author Report Posted August 8, 2013 @rahul412 : it is in Wilmington ,Delaware name G*** be** c*** I needed cap-gap I 20 after graduation not before
JoeF Posted August 9, 2013 Report Posted August 9, 2013 @rahul412 : it is in Wilmington ,Delaware name G*** be** c*** I needed cap-gap I 20 after graduation not before And CPT is only for working before you graduate. So, what now? You can NOT get cap-gap while working with CPT. You can ONLY get it while working with OPT. If that institution (which is known to be shady) has given you a fraudulent I-20,you are in very deep trouble. You are illegal right now!
rahul412 Posted August 9, 2013 Report Posted August 9, 2013 And CPT is only for working before you graduate. So, what now? You can NOT get cap-gap while working with CPT. You can ONLY get it while working with OPT. If that institution (which is known to be shady) has given you a fraudulent I-20,you are in very deep trouble. You are illegal right now! I tried to explain him in different ways. Either he is ignorant or doesn't want to know about that. OP already said that his attorney is 'confused' and his employer is simply taking advantage of it.
himanshukalva Posted August 9, 2013 Author Report Posted August 9, 2013 JoeF/rahul412: Can I send you both my I-20 . My college is very much reputed and I have been there since 2008. I went 2 times in India based on this college I-20. Just to make things clear I am still studying and it will be finished on 17th august and so does my CPT. after that i am not working so not running payroll. As my h1 be is approved bu it is effective from 1st October 2013 my school has provided me with cap-gap mentioned I don't need to take admission from Aug 17th to October 1st but also i can not work till October 1st. Thanks
JoeF Posted August 9, 2013 Report Posted August 9, 2013 JoeF/rahul412: Can I send you both my I-20 . My college is very much reputed and I have been there since 2008. I went 2 times in India based on this college I-20. Just to make things clear I am still studying and it will be finished on 17th august and so does my CPT. after that i am not working so not running payroll. As my h1 be is approved bu it is effective from 1st October 2013 my school has provided me with cap-gap mentioned I don't need to take admission from Aug 17th to October 1st but also i can not work till October 1st. Thanks JoeF/rahul412: Can I send you both my I-20 . My college is very much reputed and I have been there since 2008. I went 2 times in India based on this college I-20. Just to make things clear I am still studying and it will be finished on 17th august and so does my CPT. after that i am not working so not running payroll. As my h1 be is approved bu it is effective from 1st October 2013 my school has provided me with cap-gap mentioned I don't need to take admission from Aug 17th to October 1st but also i can not work till October 1st. Thanks That institution is certainly NOT reputed. It is known to be shady. The FACT is that you need to have OPT to be eligible for cap-gap. Since you do not have OPT, you can not get cap-gap. Period. End of story. Whatever the institution gave you is not legit. Again, if you do not have OPT, you can not use cap-gap. Period.
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