Cap Gap


sairam2013

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Hello,

 

I am a Masters student graduating in May 2014. I am applying for H1 B this April 2014. This is my 2nd masters hence I am not eligible for OPT. I had got OPT in 2011 with my first Masters that’s expired now. My F1 Visa is also expired. If my H1 B application gets approved do I come under Cap Gap? Will I be eligible to stay in US and work till October? 

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Hello,

 

I am a Masters student graduating in May 2014. I am applying for H1 B this April 2014. This is my 2nd masters hence I am not eligible for OPT. I had got OPT in 2011 with my first Masters that’s expired now. My F1 Visa is also expired. If my H1 B application gets approved do I come under Cap Gap? Will I be eligible to stay in US and work till October? 

Since you do not have OPT on what basis will you claim for cap gap? Even if H1B is approved you can start working from Oct.

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Hello,

 

I am a Masters student graduating in May 2014. I am applying for H1 B this April 2014. This is my 2nd masters hence I am not eligible for OPT. I had got OPT in 2011 with my first Masters that’s expired now. My F1 Visa is also expired. If my H1 B application gets approved do I come under Cap Gap? Will I be eligible to stay in US and work till October? 

Since you don't have an OPT, there is no cap-gap.

You have 60 days to leave the country once you have graduated, and if the H1 is approved, you can come back with an H1 visa up to 10 days before Oct. 1.

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