H1B Qustion...urgent pls

[cr@zyworld]

Hi,

naa opt June 1st week lo expire avuthundi... maa employer April 1st H1b apply chesthanu antunnadu. naku chinna doubt undi. H1b approve ayithe nenu cap-gap ki eligible avuthanu. but still June 1st week thrvatha kuda processing unte..nenu work cheyav vacha....cap-gap ki nenu eligible aaa?

premium chesi approve ayithe ...no prob....but still in processing lo unte ...60days period lo nenu work cheyavacha...after 60days i mean August and september months ela cover cheyali......pls adivce me.....

[neneno1]

once u receive receipt for h1 filing, u can work until u get ur h1...
u need to get ur h1 receipt before june 1st...if so u r fine...

[satish007]

[url=http://internationaloffice.berkeley.edu/students/training/f-1/cap-gap]http://internationaloffice.berkeley.edu/students/training/f-1/cap-gap[/url]

What is an H-1B?

The H‑1B status permits temporary employment (up to 6 years) in the U.S. for people who have a minimum of a Bachelor’s degree in the same or a related field as the job offered. The position offered must require professional-level skills and pay salaries at a certain level as defined by the government.  The employer must submit a petition to the U.S. Citizenship and Immigration Service (USCIS) for approval of the H-1B position.  Petitions are approved on a first come, first served basis. To find out more, attend one of our H-1B Workshops
What is the H-1B Cap?

The H-1B cap is the limit on the number of H-1Bs allowed each fiscal year.* Currently, the cap is 65,000. The fiscal year begins on October 1 when a new batch of the 65,000 H-1Bs becomes available.  Employers are allowed to file an H-1B petition up to 6 months before the new fiscal year (April 1) so as to join the queue of new applications waiting for the October 1 date.  See the USCIS web site for the most current count of H-1B petitions filed.

*The cap does not apply to all H-1B visas. Certain non-profit research positions are unlimited. The cap does not affect H-1B petitions at UC Berkeley.
Cap-Gap Extensions

A cap-gap extension is a regulatory provision which automatically extends an eligible F-1 student’s status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the US during the “gap.”  The cap-gap extension is now available to students who, as of April 1st, 2011, were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1, 2011 H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period.

This cap-gap extension will produce one of two outcomes, depending on your individual situation:

  1. Extension of your OPT work authorization to September 30th, 2011. This happens if your original OPT end date (on your EAD card) is on or after the day that your employer filed an approved H-1B petition.  For example: if your OPT end date is April 15, 2011 and your employer files an approved H-1B petition on April 5, your OPT is automatically extended. 
  2. Extension of your F-1 “duration of status.”  This happens if you are in your 60-day grace period on the day your approved H-1B petition is filed.  Again, you would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1b petition is approved and goes into effect October 1st, 2011. 

Who is eligible for the extension?

Students in all fields of study are eligible for the cap-gap extension as long as the student has not violated the terms or conditions of his or her F-1 status.  To qualify for the extension, the student must be the beneficiary of an H-1B petition that:

  1. Has been timely filed (within the acceptance period)
  2. Requests an employment start date of October 1st, 2011
  3. Requests a change of status

How do I apply for the Cap-Gap Extension?

Because there is no guarantee your H-1B case will be selected for review/approval, there are two steps to the cap-gap extension process:

    * To receive a preliminary cap-gap extension until June 1st:
          o Present a copy (PDF or paper) of your timely filed H-1B petition and a FedEx, UPS, or USPS Express/certified mail receipt.
    * To receive the cap-gap extension I-20 through September 30th:
          o Present to BIO a copy of the “notice of selection” from USCIS when/if your employer receives it.

In both cases, send an email to [email protected] with “Cap-Gap Extension” in the subject line.  Include the following in the email:

    * SEVIS number
    * Name
    * Employment start and end date as indicated on EAD
    * Scan, then attach to the email:
          o a clear, legible copy of your EAD card
          o FedEx, UPS, or USPS Express/certified mail receipt
    * Indicate whether you would like to pick up your document or have it mailed to you.  If mailed, include your address.

What happens if my H-1B is denied after applying for the cap-gap extension?

If the student’s H-1B is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to depart the US. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the US immediately.
Can I travel during a cap-gap extension period and still return with my OPT I-20 and EAD?

If your EAD is expired, you will not be granted entry to the US based on the cap-gap extension.  If you must travel during the extension period, be prepared to apply for H-1B visa outside the US and adjust your return travel plans accordingly.  Note:  Under H-1b regulations, you may only enter the US up to ten days prior to Oct. 1st.
What if my OPT expires before April 1st? Will the cap-gap extension extend my OPT?

Although your F-1 status would be extended if you are in your 60-day grace period when the petition is filed, your OPT employment period is technically expired, and the cap-gap does not serve to reinstate or retroactively grant employment authorization.  You would be required to stop working until your H-1B goes into effect.
How long will the Cap-Gap Extension request take?

Berkeley International Office will submit the cap-gap request to SEVIS within three (3) business days of the receipt of your email, provided all information above is accurate and complete.
What do I do if my OPT expires and my Cap-Gap Extension request is still pending with SEVIS Help Desk?

Your post-completion OPT is automatically extended, whether you apply for the cap-gap extension or not. Therefore, you are allowed to continue working with your employer while the Cap-Gap Extension request is pending. Also, keep in mind that the 90-day unemployment rule remains in full effect during your automatically extended work authorization (if you qualify for extension of work authorization.)

[Salena]

i am in same situation, but i have confirmed with my school, i have my opt upto June and if i apply for h1 in april and cap gap is for 2 months and even if i dont get my h1 receipt, i can still work, but you have to work with your school , my school International student services told they have to submit some documentation, make sure you spoke with school ISS.  ^^"

[cr@zyworld]

Thanks to all for quick reply.

I think manam receipt rakunda...2months period work cheyalemu anukonta mama....?
documents vallaki emi submit cheyali...ante Fedex track number...proof receipt...etc.

maaa schools vallu emi antunnaru ante....approve ayithe miku cap-gap i20 isthamu...but still in process lo unte maku teliyadu----mii lawyer nii adugu antunnaru....

based on the link  from satish and neneno ...manam work cheyavachu anukontanu mama...mana application still in process lo unna...no problem, we are authorised to work?

[The QUEEN]

nice thread nice thread nice thread

[cr@zyworld]

From above messages ..i have some doubts regarding second point....

This cap-gap extension will produce one of two outcomes, depending on your individual situation:

  1. Extension of your OPT work authorization to September 30th, 2011. This happens if your original OPT end date (on your EAD card) is on or after the day that your employer filed an approved H-1B petition.  For example: if your OPT end date is April 15, 2011 and your employer files an approved H-1B petition on April 5, your OPT is automatically extended. 
  2. Extension of your F-1 “duration of status.”  This happens if you are in your 60-day grace period on the day your approved H-1B petition is filed.  Again, you would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1b petition is approved and goes into effect October 1st, 2011. 


second naku konchem confusion ga undi....manam malli student ga register kavala....? H1b process undaga manam student ga enroll kavacha....? evarina 2nd point ni explain cheyara plsssssssssssssss #~`

[cr@zyworld]

please share ur comments........... #~`