I really want answers with good explanation because my DSO is confused. I am currently on valid F1 status and an employer will file H1b on my behalf on April 2014. However I am not eligible for an OPT as I have used up that benefit/OPT before at prior degree of same level (I did MS with computer science and used OPT then joined MBA, as I am still at master's level degree I am not eligible to apply for OPT and MBA is not STEM course so not eligible for OPT extension).
I want to know if I can extend my F1 status under cap-gap till my H1b comes into effect. I will be graduating in May 2014, and planning to file H1B in April 2014.
Your DSO needs to maybe take a continuing training course. Each degree level carrying a benefit of an OPT. Hence, no additional OPT on the same level. SInce you MBA is not a STEM course, you might easily forget about the GAP CAP benefit.
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Do you have a specific employer in mind?
If so, then you need to meet with their immigration lawyer, not a non-attorney in HR.
If you don't already have an employer in mind and your DSO is confused ... pay a private attorney for a consultation.
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