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H1-B Cap Gap period

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  • H1-B Cap Gap period

    Need some help here please.
    I am posting this on behalf of an F1 student who has been offered a job and H1 filed.
    Student is from Ecuador and did her BA ( 4 yr course ) from Colorado College.

    The F1 visa, and OPT and associated EAD all expired on July 12, 2015.
    Student was offered a job, and H1-B applied for by the company on Apr 02, 2015.
    The term of H1-B mentioned on the application ( I-129 ) is Oct 01, 2015 to Sep 01, 2018.

    Receipt from USCIS ( I 797 ) for I-129 obtained in mid April 2015.
    Petition not decided yet.

    Petitioning company is hesitant to make wage payment to employee from July 12, 2015, sice EAD has expired.
    Look like this period is covered under cap gap provisions, but pay roll comapny for petitioner wants a written document allowing employee to work between July 12 and Oct 01, 2015. Student has no written EAD extension. All that she has is the receipt for I129.

    Any help will be appreciated.

  • #2
    I forgot to mention, the student is a classmate of my daughter during her BA, and that is how I came to know of this problem.