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.
Please advice.
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.
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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.
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