Legal Question in Immigration Law in California

My OPT expires April 2016 - Am I eligible for Cap Gap and what will be visa status during cap and when should they file my H1B visa?

Background: Completed certificate course and eligible for 12 months OPT.

OPT starts April 2015 and ends April 2016. Future employer is wondering my eligibility for cap gap and my visa status during cap gap. When should they file for my H1B visa?


Asked on 3/29/15, 3:48 pm

2 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello please call me at 21296886000. Thanks, RDM

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Answered on 3/29/15, 4:01 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your case is filed on time & is accepted for adjudication, then you can continue your F-1 status with a new I-20. You do not need to re-apply for OPT or obtain another EAD. However, if your case is bounced, due to the cap being met, then you will fall out of status after the 60 day grace period.

Cases will be accepted on April 1st.

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Answered on 3/29/15, 7:01 pm


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