Posted by: PallaGhareAntare September 20, 2007
H1-B & OPT : Things I Know
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Junkiri, The gap you have in between May when your OPT expires and Oct 1m when your H1 starts is the CAP Gap. Like bibas said, you cannot work during this period and will be out of status if you don't get another I-20 before your Grace period expires. You can join any program, in the same school or transfer to another it doesn't matter as long as the you get the new I-20. In most of the big cities (I know there are some in New York), you have English language institutes that you can join for ESL (English as a second language) course. They are authorized by USCIS to issue I-20 for international students. It might sound rediculous to join English language institute but that'll help you keep in status until Oct 1. But as your H1 would've already been filed in April, the approval will come without the I-94 card and you'll either have to go out of US to get the visa stamp or submit the amendment petition with your new I-20 if you don't want to out of US. I'd rather stay in the US in such situation even if it means waiting for a few more months than having to defend my actions during visa interview out of US. (It might be interesting to know that in 2004, there was a CAP Gap relief provided by USCIS when it issued a regulation that bridged the gap and allowed all such students to remain in the U.S. during the gap. It happened only once in 2004 and is unlikely that will happen again. If it does, you are lucky and don't need to worry about getting a new I-20 or going out of US but don't count on that)
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