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Thread: Am I in Cap gap or not

  1. #1

    Am I in Cap gap or not

    Hello,

    My OPT Stem EAD is valid for 2 more years that is till 2019. I have applied for my h1b this year and it has been picked in lottery. I wanted to know am I in Cap Gap or cap gap is only for those whose OPT has expired or will expire before october 1? Any help in this will be appreciated since I am planning to travel to india and I want to be sure I am not in cap gap.

    Thanks.

  2. #2
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  3. #3
    Ask your lawyer if he filed a COS or Consular Notification petition. If he filed COS then it is not advisable to travel.

  4. #4
    Quote Originally Posted by abhinav0419 View Post
    Hello,

    My OPT Stem EAD is valid for 2 more years that is till 2019. I have applied for my h1b this year and it has been picked in lottery. I wanted to know am I in Cap Gap or cap gap is only for those whose OPT has expired or will expire before october 1? Any help in this will be appreciated since I am planning to travel to india and I want to be sure I am not in cap gap.

    Thanks.
    You are not covered by Cap Gap. You are in F-1 OPT status. However, if you do travel before your H-1B is approved, the change of status will be abandoned. That means when it is approved, your status does not automatically change to H-1B. Further, USCIS might mistakenly approve the H-1B as a change of status and terminate your SEVIS. In this scenario, you would both be out of status and not in H-1B status after October 1. Please discuss your travel plans with your attorney before proceeding or wait until the H-1B is approved.

  5. #5
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/1838699962814031 14th Aug - Please review comments from other users

  6. #6
    You are not in Cap-Gap period.. It's applicable only for those whose OPT is expired and their H1B application is picked in lottery..

  7. #7
    The time you get your H1b approved , your current visa status will be changed from opt to H1b till then it will be f1 opt extension.

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