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Cap Gap if H1B Denied?

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  • Cap Gap if H1B Denied?

    My employer has filed for my H1B and like most other applicants I am waiting for some notification from USCIS. My OPT expires on 14th May,2014. So if I don't get notified till then (either selection in lottery or rejection) can I continue working under the CAP GAP or not? Please advise.

  • #2
    1. Yes you can work under cap gap till you get a decision. If it gets approved you can work till Sep 30 and From OCT 1st you will be on H1. If it gets denied you have 60 days to go back to home country and transfer your sevis

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    • #3
      That's right. I have 1 doubt about if it gets denied we should have to go back to home country for transfer our Sevis. Can we transfer our Sevis in USA with out leaving this Country. I appreciate ur response.

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      • #4
        What if H1 B didn't get picked in lottery. Can we still utilize the CAP gap and work during this period ?

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        • #5
          The length of your extension depends on your H-1B petition phase:

          Filed:- If your H-1B petition is properly filed (but not yet receipted or approved), your OPT authorization is extended to June 1. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to June 1.

          Selected for receipting:- If your H-1B petition is selected for receipting, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.

          Approved:- If your H-1B petition is approved, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.

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