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  • Cap-gap Rule?

    Hi,

    currently I am on STEM- OPT extension and will expire on May 10, 2011.
    But my employer will file h1b on April 1st 2011.

    I have two questions:
    1. Can i work legally after my OPT expires(i.e May 10,2011) till Oct 1st, 2011 until h1 get activated?
    2. Does cap - gap rule work for me ?

    Please do reply me.

    Thanks

  • #2
    Yes cap-gap is applicable to you. You will need to notify your school's DSO about the pending H1 petition and they will update your SEVIS.
    This is my opinion and not legal advice.

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    • #3
      Yes, your eligible for the Cap-Gap Extension.Check with DSO to get you new I20.
      But...
      How are your posting this in Jan 2011 and telling ur employer already filed in 1st April 2011?
      Did u get your receipt number ? Did you check your status ?
      Last edited by read4v; 04-26-2011, 11:36 PM.

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