Can you travel during the cap gap period?

Asked over 1 year ago - Los Angeles, CA

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

Attorney answers (4)

  1. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . 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. Tripti Sharad Sharma


    Contributor Level 19


    Lawyers agree

    Answered . 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.... more
  3. Aleksandra Michailov

    Contributor Level 10


    Lawyers agree


    Answered . 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. Ian Edmund Scott

    Contributor Level 12


    Lawyers agree

    Answered . 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.... more

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