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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

  1. 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

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

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

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

  3. 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!

  4. 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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