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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Opt Expires Before H1B Starts

    My OPT will expire on March 31st, 2009. My employer plans on sending in the application for H1-B on April 1st, 2009. Due to the
    cirumstances where my OPT will have expired, I must stop working on that day.

    My question is: Am I able to return to work under cap-gap once I receive a notification from the USCIS saying my H1B is approved? Or do I have to wait until October 1st to go back to work?

    I cannot apply for an extension because I do not have a STEM degree.

    I have heard mixed reponses to these questions from my school, employer, and attorneys, so I am unsure as to what the correct answer is. Can you please respond to this question? Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Opt Expires Before H1B Starts

    Here's a pretty nice summary of cap-gap rules. I'll apologize in advance, but if the facts of your situation leave your school, employer's immigration lawyer, and your own immigration lawyers that confused, yours isn't a question I should be trying to answer based upon the small amount of information posted to this board.

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