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Can you travel during the cap gap period?

Los Angeles, CA |

i really cant miss my brother wedding....any suggestions ?

Attorney Answers 4

Posted

I would have to check the guidance on cap gap to tell you definitively but I believe you can if you have not exceeded your unemployment time and you have employment. Alternatively you can wait for the H approval and obtain an H visa to return within ten days of your start date.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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Posted

You should speak to an attorney before you travel as you do not want to put your status at risk.

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Posted

Please discuss with an attorney. It depends on additional items like if you are still in valid OPT status, if you have proof of an employment letter and unexpired F-1 visa. If your OPT/EAD are expired during the cap gap - no travel!

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3 comments

Asker

Posted

EAD Card and I-20 will be expired,....its my brother wedding. it will kill my entire family if i dont go :(

Aleksandra Michailov

Aleksandra Michailov

Posted

If you decide to travel, you will have to wait for your H-1B approval, get a new visa and enter no earlier than 10 days before Oct. 1, 2013. Depending on the wedding's date this might be a doable option for you. Good luck.

Asker

Posted

Very helpful insights, thanks a lot!

Posted

Call your company's immigration attorney and discuss your situation with him/ her.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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