My Opt Stem Ext is ending May 9th, 2017. I still haven't heard anything about my H1b. What are my options now? My CIS advisor at school suggested that I cannot transfer my sevis at this time as my H1B status is still unknown and if picked, will be denied as my sevis is transferred. Also, she said I cannot apply for Cap-Gap as I don't have a receipt number.
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Originally posted by Kaph1202 View PostMy Opt Stem Ext is ending May 9th, 2017. I still haven't heard anything about my H1b. What are my options now? My CIS advisor at school suggested that I cannot transfer my sevis at this time as my H1B status is still unknown and if picked, will be denied as my sevis is transferred. Also, she said I cannot apply for Cap-Gap as I don't have a receipt number.
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Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...21661231184572 3rd May- Please review comments from other users
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As per my best knowledge, You can apply for initial cap gap. With that you can legally work until June 1st
But the thing is, your eligible for this only if you not applied for OPT Extension. You need to submit H1B petition Copy and FedEx tracking to DSO
Read the following and go through with reference link
Proof of Continuing Status
The cap-gap extension of OPT is automatic for eligible students. A student does not file an application for the extension or receive a new EAD to cover the additional time. The only proof of continued employment authorization currently available to an affected student is an updated Form I-20 showing an extension of OPT, issued to the student by his or her DSO. This document serves as proof of continued employment authorization.
If a student chooses to obtain an updated Form I-20, the student should go to his or her Designated School Official (DSO) with evidence of a timely-filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student’s DSO will issue another updated Form I-20, showing an extension until October 1. In such situations, the student can continue to work while the update to his or her Form I-20 is being processed. Because the Cap-Gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.
Reference link
https://www.uscis.gov/.../extension-post-completion...
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This is your best option, SEVIS should reflect whether you were picked by now. You can file for an interim CAP-GAP until June 1st, but it may not be reviewed until after your OPT ends on the 9th. Either way though, if your H1 is not picked up, your 60 day grace period reverts back to the 9th. Good luck.
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