OPT-Cap Gap- H1

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Hello All,

I am a recent graduate on OPT. I have been offered a full time position by a Big 4 accounting firm for next fall. However, my OPT expires on June 30, 2012 and the position does not start until September 2012. Since, I start next fall, my employer cant petition for H1B visa until April 2012 for FY 2013, which starts on October 1, 2012.

I am aware that cap gap can be used to bridge that period between expiration of OPT and start of H1. Can anyone explain me the procedure that entails and also confirm to me whether or not I can start working on OPT until my H1 period starts on October 1, 2011.

Thanks a million!

And, Happy Tihar to all !!

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meraj

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Technically ..U can't even file or get h1b ...cause u are out of status...because of unemployment of more than 90 days. It's a different story if you will work somewhere else and join them at the date u mentioned..

bhalujagate

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Yes I am currently working somewhere else and will join them next year. My current employer, however, will not sponsor for an H1B visa.

meraj

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In that case yes you can work during your cap gap extension, as long as you filed h1 before your opt gets expired. There used to be PDF document in sevis site which explains how cap gap extension is granted. I had referred in 2008/9 , you should be able to google it. Actually you will get full extension only after you get h1 approval . Redarding work permit you can work with expired opt card and new I-20 which your school will issue you for cap gap extension.

no_more_crush

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Meeraj is correct. Just to add few.
- talk to your International Student office about your situation. They should be helpful. Be transparent.
- Following info might also be helpful:

1. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

2.
"
What are my options during the gap from EAD expiration until October 1, 2012?
-The CIS has published a rule to provide for a “cap gap”, which will automatically extend the OPT period for
beneficiaries of pending H-1B petitions. The rule states that anyone who was selected for the H-1B lottery and is granted an H-1B change of status would be eligible to continue to work between the time of their EAD expiration and the October 1 start date of the H-1B. The student is encouraged to check in with the respective Designated School Official (DSO) of their school to inform them that they were selected for the H-1B. The DSO may need to report this to the appropriate F-1 authorities. and this is the information that i have.
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