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OPT extension under review, H-1 B approved, how about cap gap application now?

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  • OPT extension under review, H-1 B approved, how about cap gap application now?

    Hi all,
    I applied for my OPT extension on April 17th, 2014, and it's still under 'initial review'. My current OPT expired on 19th June, 2014. And also my H-1 B was selected and got approved. My questions are:

    1. I am still legal (OPT extn in review) and working as a contractor, but my employer says he cannot run paycheck until my OPT extension is approved. Is that right? I am still on legal status and have my OPT extension application receipt from USCIS.

    2. How can I convince my employer in this regards?

    3. Can I still apply for cap gap now, as my H-1 B is approved?

    4. Or as I already applied for OPT extension, am I not eligible to apply for capgap?

    5.If I can apply for capgap, please let me know the procedure.

    6. Is this capgap application has something to do with the USCIS or just my school DSO?

    7. If I don't apply for Cap gap now, and wait for my OPT extension process, and if that gets rejected (hopefully not) by any chance, then will I still have an option to go for cap gap?

    8. As of now, do I need to necessarily let my school DSO know about my H-1 approval?

    9. Based on my current situation, what would you best suggest me to do? wait for OPT extension application or go for capgap ASAP?

    Thank you all.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (June 21st)

      Comment


      • #4
        1 nope .. if ext is pending u can work legally up to 180 days ..
        2 yes
        3 yes and no ( depends on rejection reason ..)
        4 nope ..
        5 nothing talk to u r employer that u r authorized to work

        Comment


        • #5
          2 no in case of any status violation ..

          Comment


          • #6
            He's just cheating you off your hard earned money, think clearly about your next step

            Comment


            • #7
              Originally posted by DesiOPT-FaceBook-Fan View Post
              1 nope .. if ext is pending u can work legally up to 180 days ..
              2 yes
              3 yes and no ( depends on rejection reason ..)
              4 nope ..
              5 nothing talk to u r employer that u r authorized to work
              I agree with you but at this point he is good to go right if he wants to apply for cap gap

              Comment


              • #8
                yes .. the original text of cap gap covers it .

                Comment


                • #9
                  Yes I understood that

                  Comment


                  • #10
                    Does Cap gap application has something to do with the USCIS or just the school DSO ?

                    Comment


                    • #11
                      just dso....

                      Comment


                      • #12
                        Cool.. Thank you very much

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