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SEVIS transfer when H1b under process
Hi,
I am currently on OPT STEM and it is expiring on May 22nd 2017. My employer is filing a petition for H1B change of Status for following fiscal year. Since I am eligible for CAP-GAP extension once my H1b is picked/receipted(gauging the demand, it would be a lottery this time as well). I would be in status till Sept 31st on CAP-GAP. Below are my possible ways
1. H1B is not picked in lottery i can transfer SEVIS to different school if i may have to, as my SEVIS would be still active till May 22 and i would get a 60 day grace period by default after that.
2. H1B is picked and approved, it would be a clean path for me moving to CAP-GAP and then to H1B.
3. H1B picked and got denied due to some reasons (that don't include Status violation). if below
a. Before CAP-GAP ends, would get 60 days grace period and SEVIS would still be active and can transfer SEVIS to different school.
b. After CAP-GAP ends, that is after OCT 1st, lets say in Dec 2017. Would I get 60 days grace period in DEC? Would my SEVIS be active or terminated once my H1b is denied in December?
Also, Can I transfer school when i am in CAP-GAP and my H1B change of status petition is under process? Please let me know if any one have gone through similar situation and what would be my best option now? Should i just transfer school in immediate/July classes.
This is really important for me to just by pass any unwanted circumstances.
Thanks.
I am currently on OPT STEM and it is expiring on May 22nd 2017. My employer is filing a petition for H1B change of Status for following fiscal year. Since I am eligible for CAP-GAP extension once my H1b is picked/receipted(gauging the demand, it would be a lottery this time as well). I would be in status till Sept 31st on CAP-GAP. Below are my possible ways
1. H1B is not picked in lottery i can transfer SEVIS to different school if i may have to, as my SEVIS would be still active till May 22 and i would get a 60 day grace period by default after that.
2. H1B is picked and approved, it would be a clean path for me moving to CAP-GAP and then to H1B.
3. H1B picked and got denied due to some reasons (that don't include Status violation). if below
a. Before CAP-GAP ends, would get 60 days grace period and SEVIS would still be active and can transfer SEVIS to different school.
b. After CAP-GAP ends, that is after OCT 1st, lets say in Dec 2017. Would I get 60 days grace period in DEC? Would my SEVIS be active or terminated once my H1b is denied in December?
Also, Can I transfer school when i am in CAP-GAP and my H1B change of status petition is under process? Please let me know if any one have gone through similar situation and what would be my best option now? Should i just transfer school in immediate/July classes.
This is really important for me to just by pass any unwanted circumstances.
Thanks.
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