Question on OPT CAP GAP

[karthiksiri]

My STEM expired on 29May2017 and looks like there is not much update on my H1 petition as the premimum processing is stopped from this year.

So, I have few questions :

1. Could you confirm that I can work without any issues till Sep 30th ?

2.What happens from October 1st if there is no update on my H1 petition (Can I work, Can I stay in USA)?

3.Considering worst case, if my H1 is rejected for any reason, Could I enroll for some other university for Double Masters course?

 

[karthiksiri]

Just now, karthiksiri said:

My STEM expired on 29May2017 and looks like there is not much update on my H1 petition as the premimum processing is stopped from this year.

So, I have few questions :

1. Could you confirm that I can work without any issues till Sep 30th ?

2.What happens from October 1st if there is no update on my H1 petition (Can I work, Can I stay in USA)?

3.Considering worst case, if my H1 is rejected for any reason, Could I enroll for some other university for Double Masters course?

 

Plz answer 

[IMP]

Just now, karthiksiri said:

My STEM expired on 29May2017 and looks like there is not much update on my H1 petition as the premimum processing is stopped from this year.

So, I have few questions :

1. Could you confirm that I can work without any issues till Sep 30th ?

2.What happens from October 1st if there is no update on my H1 petition (Can I work, Can I stay in USA)?

3.Considering worst case, if my H1 is rejected for any reason, Could I enroll for some other university for Double Masters course?

 

1. yes

2 you can work till decision is made on h1

3 h1 rejected join school cpt or go back India 

[karthiksiri]

22 minutes ago, IMP said:

1. yes

2 you can work till decision is made on h1

3 h1 rejected join school cpt or go back India 

Thanks for your prompt response...for 2nd answer, what will be our status from Oct 01 to work legally ?

[karthiksiri]

31 minutes ago, IMP said:

1. yes

2 you can work till decision is made on h1

3 h1 rejected join school cpt or go back India 

http://immigrationgirl.com/return-of-fy-2018-petitions-begins-for-unlucky-h-1b-visa-applicants/ 

[MunnaRockz]

May be this information will helpful further..

 

1) if ur h1b is denied before sep 30 , u have 60 day grace period to leave states

2) If ur h1b is denied before nov 30 and after Sep 30 , u have grace period till nov 30 

3) If ur h1b is denied after nov 30 , you wont be having any grace period and you are out of status from the day of denial 

[karthiksiri]

Can someone post official USCIS link saying that we CAN/CANNOT work after Oct 01 while H1 petition is going till approved/rejected

[nildesparandom]

1 hour ago, karthiksiri said:

My STEM expired on 29May2017 and looks like there is not much update on my H1 petition as the premimum processing is stopped from this year.

So, I have few questions :

1. Could you confirm that I can work without any issues till Sep 30th ?

2.What happens from October 1st if there is no update on my H1 petition (Can I work, Can I stay in USA)?

3.Considering worst case, if my H1 is rejected for any reason, Could I enroll for some other university for Double Masters course?

 

Using Cap-Gap rule, if H1B Visa application is submitted before OPT expiry, then student can continue to work till September 30.

If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition is approved.

[LuckyLoser]

1 hour ago, karthiksiri said:

My STEM expired on 29May2017 and looks like there is not much update on my H1 petition as the premimum processing is stopped from this year.

So, I have few questions :

1. Could you confirm that I can work without any issues till Sep 30th ?

2.What happens from October 1st if there is no update on my H1 petition (Can I work, Can I stay in USA)?

3.Considering worst case, if my H1 is rejected for any reason, Could I enroll for some other university for Double Masters course?

 

My wife had similar situation and here are the answers 

1) u can work till sept 30 . No issues

2)u can stay on pending h1 but cannot work .. payroll run chepinchukoku 

3) sep 30 nunch nee grace period start avthadi .. dec 1 trvata h1 deny avtha which happend in my wifes case , u donot have grace period and will be out of status from then .. u cannot reinstate to f1 again . 

Maa case lo she went to india for stamping after a month and got her h4 stamping and came back .

[Batman_fan]

15 minutes ago, nildesparandom said:

Using Cap-Gap rule, if H1B Visa application is submitted before OPT expiry, then student can continue to work till September 30.

If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition is approved.

I believe this is correct. I was in same position 5 years back. I was not paid from Oct to Jan - until my h1b was approved. I didn't enter any hours too.

[perugu_vada]

34 minutes ago, LuckyLoser said:

My wife had similar situation and here are the answers 

1) u can work till sept 30 . No issues

2)u can stay on pending h1 but cannot work .. payroll run chepinchukoku 

3) sep 30 nunch nee grace period start avthadi .. dec 1 trvata h1 deny avtha which happend in my wifes case , u donot have grace period and will be out of status from then .. u cannot reinstate to f1 again . 

Maa case lo she went to india for stamping after a month and got her h4 stamping and came back .

Gp

[pirangi]

my opt expires on oct 5th ....my h1b is is process...how it works in my case...i mean 60 days f1 grace period istharu kada...naa employer rfe padithe adi clear aye varaku u can work no more issues annadu

[karthiksiri]

15 hours ago, pirangi said:

my opt expires on oct 5th ....my h1b is is process...how it works in my case...i mean 60 days f1 grace period istharu kada...naa employer rfe padithe adi clear aye varaku u can work no more issues annadu

NAKU KUDA NA EMPLOYER H1 DECISION AYYE DAKA WORK CONTINUE CHESKOVACHU ANNARU NO MATTER HOW MANY MONTHS IT TAKES

[vikuba]

Sept 30 varake u have legal status to work... aa tharvatha u shd stop working

to avoid confusion.. consult a murthy forum lawyer

ee gap lo edoka univ ki admit teeskoni aitey unchukoo. for back up

[Arya2]

me college vallani contact cheste clear ga cheptaru