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  • F1 to H1

    Hi,

    My OPT Extension expires on April 1st, 2012 and I couldn’t make it through for this year’s H1B Quota. So will have to apply next year.
    April 1st 2012 is Sunday, so will I be still considered under Cap Gap with Work authorization, if my H1b is sent by March 30th or 31st.

    Please advise. Thanks in advance

  • #2
    H1 petition cannot be sent earlier than Apr 1 officially. Generally in April, the official receipt date is Apr 7 or so for all petitions filed in that week. It is possible that USCIS will consider you under cap-gap or they may not. It depends on how the SEVIS system handles this. Your DSO may be able to enter your work authorization in their system. Check with the DSO after your employer receives the receipt.
    This is my opinion and not legal advice.

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