Cap Gap Extension Question

[ranjith23]

Hi, 

My friends OPT was expired on June 28th but luckily his H1b got picked and got his cap gap Issued till Sep 30th.

His H1b is still in pending status and there is no premium processing as well to upgrade it.

 

What will happen after Sep 30th? what status will he be in?

 

Anyone in same boat?

 

[BostonBullodu]

sala mandi untaru eh boat lo after sep 30th his status will be pending application status. US lo undachu H1b update telise varaku but he shouldn't work legally... 

[ranjith23]

3 minutes ago, KumarVuncle said:

After Sept 30th his H1 will be rejected, ask him to go back to india

Go and bend in miami FL on sunday morning

[dolby]

11 minutes ago, ranjith23 said:

Hi, 

My friends OPT was expired on June 28th but luckily his H1b got picked and got his cap gap Issued till Sep 30th.

His H1b is still in pending status and there is no premium processing as well to upgrade it.

 

What will happen after Sep 30th? what status will he be in?

 

Anyone in same boat?

 

Once H1B is picked, he will get a transient status until the decision is made on his H1B application so, as long as his h1B application is pending.... his status is good...... But he cannot work after sep 30.

 

Can the cap gap extension of OPT be extended beyond September 30 if my H-1B petition is still pending?

No, the cap gap extension is only until September 30. If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

[Batman_fan]

8 minutes ago, BostonBullodu said:

sala mandi untaru eh boat lo after sep 30th his status will be pending application status. US lo undachu H1b update telise varaku but he shouldn't work legally... 

 

[ranjith23]

11 minutes ago, dolby said:

Once H1B is picked, he will get a transient status until the decision is made on his H1B application so, as long as his h1B application is pending.... his status is good...... But he cannot work after sep 30.

 

Can the cap gap extension of OPT be extended beyond September 30 if my H-1B petition is still pending?

No, the cap gap extension is only until September 30. If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

Bro, he has 24 month OPT ext left . Can he file with this H1b pending?

[alvida]

3 minutes ago, ranjith23 said:

Bro, he has 24 month OPT ext left . Can he file with this H1b pending?

No OPT extn already file chesi undali June 28th lope...anyways university ni contact avthe they will explain 

[PK1]

30 minutes ago, KumarVuncle said:

After Sept 30th his H1 will be rejected, ask him to go back to india

arey dillumalina lk. ne posts ilanti vishayalo kuda na. asalu ninnu ela select chesadu ra sai. kastha brain vaadu fakodi ga

[alvida]

18 minutes ago, ranjith23 said:

Bro, he has 24 month OPT ext left . Can he file with this H1b pending?

Application time frame for the 24-month OPT extension

Students must apply for the 24-month OPT extension prior to the expiration of the first 12 months of “regular” OPT. The application must be received by USCIS prior to the expiration date of the first OPT period EAD in order to be properly (timely) filed. USCIS will not accept I-765 applications for STEM extensions any earlier than 90 days before the current EAD expiration date. Accordingly, International Center will process a STEM recommendation I-20 no more than three months and one week in advance of your current OPT end date. *Please note: you cannot apply during the 60 day grace period.

[dolby]

25 minutes ago, ranjith23 said:

Bro, he has 24 month OPT ext left . Can he file with this H1b pending?

H1B application is a change of status petition (F1 to H1), OPT extension is F1 status petition. 

if you apply both at same time, H1B petition contradicts its purpose. 

CAP GAP OPT is just a protection for people who fall into the six months period(APR-OCT) when H1B status is pending.

[ranjith23]

13 minutes ago, KumarVuncle said:

Why sunday ? can i do today ?

Sunday aithey force baga untundi le... IRMA effect

[ranjith23]

46 minutes ago, alvida said:

Application time frame for the 24-month OPT extension

Students must apply for the 24-month OPT extension prior to the expiration of the first 12 months of “regular” OPT. The application must be received by USCIS prior to the expiration date of the first OPT period EAD in order to be properly (timely) filed. USCIS will not accept I-765 applications for STEM extensions any earlier than 90 days before the current EAD expiration date. Accordingly, International Center will process a STEM recommendation I-20 no more than three months and one week in advance of your current OPT end date. *Please note: you cannot apply during the 60 day grace period.

He is not in grace period. He is in CAP GAP period. Both are different na..

""""Students who are eligible for a Cap-Gap extension of post-completion OPT employment and F1-status may apply for a STEM OPT extension during the Cap-Gap extension period."""

Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

[ranjith23]

26 minutes ago, dolby said:

H1B application is a change of status petition (F1 to H1), OPT extension is F1 status petition. 

if you apply both at same time, H1B petition contradicts its purpose. 

CAP GAP OPT is just a protection for people who fall into the six months period(APR-OCT) when H1B status is pending.

Confirm this

 

""""Students who are eligible for a Cap-Gap extension of post-completion OPT employment and F1-status may apply for a STEM OPT extension during the Cap-Gap extension period."""

Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

[dolby]

3 minutes ago, ranjith23 said:

Confirm this

 

""""Students who are eligible for a Cap-Gap extension of post-completion OPT employment and F1-status may apply for a STEM OPT extension during the Cap-Gap extension period."""

Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

As per this, He can apply for OPT extension but anyways take legal opinion to be safe. 

contact some immigration lawyer on Avvo.com, they will charge around 30 dollars for 15 minutes. 

its better to be safe than sorry. 

[ranjith23]

Just now, dolby said:

As per this, He can apply for OPT extension but anyways take legal opinion to be safe. 

contact some immigration lawyer on Avvo.com, they will charge around 30 dollars for 15 minutes. 

its better to be safe than sorry. 

Ok sure....Thanks Bro...