Opt h1-b cap gap

[anushaallam91]

Hi,

My first OPT will be expiring on May 31st and am planning to file H1-B this April 2015.
My question is that is it better for me to apply for my STEM extension or apply for H1-B cap gap.
If I apply for cap-gap, till when will I get that and what happens if I don't get picked for H1-B.

Also please give a brief idea on cap-gap. am totally confused what to do with that.

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[lisaanderson]

Hi,

My first OPT will be expiring on May 31st and am planning to file H1-B this April 2015.
My question is that is it better for me to apply for my STEM extension or apply for H1-B cap gap.
If I apply for cap-gap, till when will I get that and what happens if I don't get picked for H1-B.

Also please give a brief idea on cap-gap. am totally confused what to do with that.

You don’t apply for Cap Gap. Cap Gap is automatic. If you apply for H-1B before your F-1 Expires, you are covered under Cap Gap. If your H-1B is chosen in the cap, you take the receipt notice to your DSO just to make sure they annotate your I-20 to show that you are in status and that your OPT is extended. Generally, you will know if you have been chosen in the H-1B cap by the end of April or within first 2 weeks of May. If you have not been chosen, then you can still file for STEM Extension before your OPT expires. If your STEM extension is pending, you can work for up to 180 days while the extension is pending.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 9th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

1. To be safe apply for STEM. Are you sure your petition will be picked in the lottery and approved? If either doesn't happen you have STEM Ext to continue to work and reapply H1b next year.

2. You will automatically qualify for Cap-Gap if your petition is filed and no lottery happens. You will be in that status until a decision for your H1b is made. If your petition is approved, then until 30th Septmeber you will be on Cap-Gap. If by any chnace petiiton is not approved your Cap-Gap will be revoked.

If lottery happens (High probability) you will only qualify for Cap-Gap if your petition is selected in the lottery. Will follow the same procedures as mentioned above after lottery selection.

3. You will be in status and will continue to work in Cap-Gap until ur H1b becomes effective October 1st. It is same as OPT or STEM and you will be given a Cap-Gap approved I20 from your school. Same reporting of employer as in OPT. Also, you cannot travel outside the country on Cap-Gap even after your H1B petition is approved. If you decide to travel you cannot enter the country a little prior to your h1b start date.

[DesiOPT-FaceBook-Fan]

Fwww.uscis.gov%2Fworking-united-states%2Ftemporary-workers%2Fh-1b-specialty-occupations-and-fashion-models%2Fextension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations&h=-AQEe1PDF

[DesiOPT-FaceBook-Fan]

apply stem as well h1 is a lottery system I strongly recommend to apply

[DesiOPT-FaceBook-Fan]

1 stem....

[DesiOPT-FaceBook-Fan]

Both Option are open for you.... any time if you are not eligible for a new status old status will be in effect. So you will be on F1 is your H1b is not picked any how you need to work till October 2015 so you need OPT extension. If you extension is taking time you can still work for 180 days with OPT extension filed. As soon as you apply for H1b you are eligible for CAP GAP if you are in the duration of 60 days from OPT expiration you cannot work (if you dont have authorization) you have show the receipt that you sent to USCIS to your school and they will update your status and give you an i20. In case you H1b is not picked or your H1b is denied you have 60 days to depart US or continue your studies with same school.... A Brief on CAP GAP is that if a individuals OPT is expired an is in the 60 days grace period or if a individuals OPT expires before the H1b start date and has a petition with USCIS for H1b then they may approach the school with required documentation for CAP GAP i20. Hope this helps....