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  • RFE in Premium, cap-gap expired

    My employer filed for H1B on Apr 10 as it was confirmed by USCIS. It was the whole time in initial review. On Sep 22 my employer requested Premium processing. Then the status changed to initial review with Sep 23 and then to Acceptance in the same day. Then the status changed to RFE on Sep 26, which was Friday. My employer sent additional documents. Now the status changed to initial review and it says the request for Premium was received Oct 1. So here I am now, my cap-gap finished on Sep 30 and my employer, a consultancy company, tells me not to go to work and wait until the process is completed. Does anyone know how long it can take now until it is finish given that it is in Premium and had RFE? Should I really just stay home and cross my fingers? Am I risking my job? Am I risking my US status?
    Any info would be greatly appreciated.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (Oct 3rd)

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      • #4
        15 days max.. You can work if you employer agrees to run payroll after it gets accepted , I mean say your H1 gets approved from Oct 10th then even though if you work Oct 1st to Oct 10th, he should not run payroll but start from Oct 10th.. It depends on your employer understanding..
        Cap Gap Extension is there automatically for you as case is pending but you should not work but it again depends on your payroll by employer..

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        • #5
          1. Wait till you get your approval. May take 15 days- month. Again, depends from case to case.
          2. Yes, you can not work after cap gap is over. Pray and hope you get positive outcome. Meanwhile try to keep options and see if you can get a CPT to start working and maintain status

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          • #6
            1 generally 15 days SLA ..
            2 legally u can not work with out authorization .. U may ask for data fix in sevis .. u r dso should call sevis to do that .. I dont know about current sevis procedure how they handling datafix ..

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