Immigration visa status question
I graduated with a STEM degree in May '15. I got my OPT from 1st June 2014 till 31st May 2016 and I got my OPT extension from 1st June 2016 to 31st Oct 2017 on 2nd May 2016. My H1B also got selected in the lottery and my H1B will start from 1st Oct.
I would like to know if I am in OPT status or Cap-Gap. I read on USCIS website that
"The “Cap-Gap” period starts when an F-1 student’s status and work authorization expires and ends on the start date of their approved H-1B employment."
Since my work authorization has not expired, I should not be on Cap-Gap, but acc. to my college, I am on my cap-gap, which is causing me trouble to switch companies.
2 attorney answers
On April 1 when the H-1B was filed, your OPT was expiring on May and the system was either not updated with the extension filing or the application was not filed before April.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
Either the system was not updated to reflect your STEM extension or your application was not filed prior to April. You should speak to your DSO.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.