F1 Cap-Gap and documents resubmitted


rwind123

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I am on F1 OPT and my H1B Visa petition was filed on Apr 8 before my OPT expired on Apr 11. But my Visa Receipt date says it was received by May 25 with a comment "Fee Previosuly Collected". My company updated me that due to insuffucient documentation it was returned and had resubmitted the documentation. Does this mean filing was done on April 8th.

My Students Office has faxed SEVIS on the difference in dates asking for a correction and change status to 'Active'.

Am I valid to continue to work?

Thanks for the advice!!

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The intial documentation was returned on Apr 22nd with the following comments:

Your I129 must not have an employment date earlier than 10/1/11.

Please Place this notice on top of the petition and resubmit with additional fees/ corrections.

My employer sent documents again with the correction and got a receipt number.

Please advise if this was a resubmission or a new filing.

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