Do Cap- gap rule applies even after OPT-STEM Extension(17 month)??

[info84]

Hi

Do cap-gap rule eligible even after 17 month STEM OPT extension?
Currently I am on OPT stem extension which expires on May 11, 2011.
But my employer files h1 on April1st, 2011.

What is my status between May 10,2011 till Oct 1, 2011(Until h1 get activated).??

Do i eligible for cap-gap rule during this period?

Please advise me.

Thanks

[kabkaba]

Yes, cap-gap is applicable.

[ravirsoni]

hey i am having same problem yaar

Hi Dear i am having same problem.My STEM OPT Extension of 29 months is getting over on 25th of July. I just got a job from 18th of January.And probably my employer will file my h1 in the month of april. I am also worried abut the same situation like, will i be leagally stay and work from the period of 26th july to 31st of november. Please do let me know yaar.
Thanks in advance.

Ravi Soni

[kabkaba]

Cap-gap is applicable to you. Make sure you report to your school's DSO about the H1 petition after it is filed.

[ravirsoni]

Thanks a lot for your quick answer

Thanks for your answer.
But for the gap period between 25th july and 1st octomber,if my h1 is approved or in pending state, can i stay and work as well? I heard from some of my friend that i can stay but not work leagally?

Please clarify this thing to me please.

Thanks a lot Sir.

[kabkaba]

Yes, you can stay as long as H1 petition is not denied.
You can work up to Sep 30 if petition is pending. But if still pending on Oct 1, you cannot work after Oct 1.
If approved before Oct 1 you can work continuously.

[ravirsoni]

Thanks a lot once again for your quick answer

Sir i got married last year in the month of May,2010 at that time i was with some different employer who has generated my pay stub for 2 months and then i took leave for my marriage for 2 months and went back to india for marriage.So My wife is in India right now and i want to call her soon so can you please guide me for that like i will get my first pay on 25th of February for the month of January. So can i call my wife on opt like after one month so that i will be having 2 pay stub with me in my hand.

Thanks in Advance.
Ravi Soni

[ravirsoni]

Sir Need you answer

Hi Sir !!
I have posted new question above this as post # 7.
I need your answer Please.

Thanks.

[kabkaba]

Your wife can apply for her F2 Visa anytime. She will need her dependent I-20, copy of your I-20, EAD, original marriage certificate and proof of your employment. You will also need to provide bank statements showing your ability to support her. She will also need to show ties to home country through property, family or job etc. She will need to have convincing answer as to how she will spend her time in the US since she is not allowed to study or work in F2 status. In general there is always a small immigrant intent denial risk with F Visa.

[ravirsoni]

Thanks a lot once again for your quick answer

Thanks a Lot for your Help,Guidance.
Higly Appriciated.

Will let you know about my status in future.
Wishing you great day ahead....

[ravirsoni]

Regarding Sevis i-901

Sir !! My wife appear for the visa 8 months back and that time we paid the fees for Sevis i-901. Now my wife is appearing for Dependent Visa in month of april, So this time do we have to pay sevis i-901 fees?

[kabkaba]

F2 applicants do not need to pay SEVIS fees.

[ravirsoni]

Regarding Sevis Fees I-901

Sir My wife is appearing for the F2 visa on MY extended Visa for the second time. We paid the SEVIS Fees before during the first time.So do we have to pay the SEVIS fees again?

Waiting for your answer.

Thanks in Advance.

[ravirsoni]

How to answer to Visa Consulate?

Hi Sir !!

I just got job from the 18th January,2011.
This is my 3rd month of job and i will be getting my 2nd pay on this 25th of march.My salary Package is $ 50 k.I am working as an consultant.And my job is really going very good and my company is even ready to file my H1 this year.My OPT Extension is getting over on 25th July,2011. But its been now 4 years to my marriage so we decided to take chance for f2 visa for my wife.

My 1st Question:
1) How much bank balance we should show in india and in my a/c in usa?
2) If visa office asked that your husband does only have visa upto 25th July,What answer should My wife give at that time to visa officer ? (Or Suggest some reasonable answer to satisfy them)?

My wife will be appearing for the visa by the end of this march,2011.

And do you know who have got the visa having the same situation like me?

Need your guidance.
Thanks in Advance ....

[kabkaba]

I will repeat my previous answer.
Your wife can apply for her F2 Visa anytime. She will need her dependent I-20, copy of your I-20, EAD, original marriage certificate and proof of your employment. You will also need to provide bank statements showing your ability to support her. Whatever you can show is good enough. She will also need to show ties to home country through property, family or job etc. She will need to have convincing answer as to how she will spend her time in the US since she is not allowed to study or work in F2 status. In general there is always a small immigrant intent denial risk with F Visa.