If My H1b Denys in Lottery Will I Have to Go Thorugh Lottery Again
H-1B Receipt and OPT Extension
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Kanchhu
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Posted on 05-06-08 2:10 PM Reply [Subscribe]
? 
Hello Friends,
I got the H-1B Receipt notice a week ago, when I check the status of my case online at http://uscis.gov, it says 'Case Received and Pending' . According to the new rule, will I be eligible to work until October 1,2008? What are the chances of rejecting the H-1b petition after getting the H-1b receipt? My current OPT expires on May 11(after 5 days).
If I file for OPT Extension which I have to do it before May 11, and if my OPT extension is approved after H-1b approval.. will my H-1b status be overriden by F1 ?
Please reply I am in a dilemma whether to file for the Extension or not. I have a STEM degree and my company is E-Verified.
Thank you very much..
-Kanchhu
sansar2
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Posted on 05-06-08 2:23 PM Reply [Subscribe]
? Hi Kanchhu !
OPT extension for STEM degree holder for 17 month is different from the cap-gap rule. Since u already got h1b receipt, you have to follow the following steps.
1. Submit a copy of ur h1b receipt and employment offer letter(if u have any) to DSO in your school and he will issue a new i-20 with opt extension till Sept 30th, 2008.
2. Make sure if the USCIS denys, revokes or rejects ur h1b, then ur OPT extension will be terminated 10 days after such type of notice and your 60 days grace period will be started.
Kanchhu
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Posted on 05-06-08 2:34 PM Reply [Subscribe]
?
Thank you very much Sansar2 for your quick response.
Are you suggesting me to file for the 17 month OPT extension or not?
Will the DSO issue me a new I-20 with only the H-1b Receipt and Job offer letter, as you said in step 1?
I don't have the H-1B receipt with me but I believe I can get it from the lawyer who sent me the email confirmation of the H-1b receipt.
Thank you
-Kanchhu
STUPIDA
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Posted on 05-06-08 2:41 PM Reply [Subscribe]
?
bye the way kanchuu, what was ur filling category?
Kanchhu
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Posted on 05-06-08 2:43 PM Reply [Subscribe]
?
Hi Stupida,
It was regular, Masters degree and Vermont Processing Center.
Thank you
-Kanchhu
STUPIDA
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Posted on 05-06-08 2:51 PM Reply [Subscribe]
? Knchuu, This is what I got from my International Advisor. YOU have 2 months i.e. 60 days from the day ur OPT expired to get a new I-20 and change ur status to F-1. However, there is no need to go to college for another 5 months. this periods are grace giving by USCIS. Now in your case, u can either just issue a new I -20 and just wiat till October to change ur status back to H1-B. I don't think you have enough time to file for extension of your OPT, since u mentioned ur OPT expires on may 11 which is next week. Your H1-B doesn't start till 1st of Oct. Pratically, u cannot work, but i have seen few folks working during this gap period.
Also, i would recommend you to talk to ur advisor, becoz of so many new rules from USCIS.
Thanks
sansar2
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Posted on 05-06-08 2:56 PM Reply [Subscribe]
? Hi Kanchhu !
You can send a copy of h1b receipt through fax, email, post ..whatever way is easy for you. It is required just to prove that you are a beneficiary of h1b for fiscal year 2009.
In worst case :
If ur h1b is rejected, revoked or denied, then apply for STEM 17 month extension within 10 days if u get such kind of bad news.(within 10 days is very important b'coz to apply for 17 month extension, remember that ....you must be in valid post completion OPT)
Kanchhu
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Posted on 05-06-08 3:04 PM Reply [Subscribe]
?
Thank you Sansar2 again,
one question though, don't I have to file for the 17 month OPT extension before my current OPT expires?
Thanks
-Kanchhu
STUPIDA
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Posted on 05-06-08 3:12 PM Reply [Subscribe]
? Kanchhu
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Posted on 05-06-08 3:18 PM Reply [Subscribe]
?
Thank you Stupida for the link, I went through it. It is for those who had chosen Consular Processing at the time of the H-1b filing.
Thank you
-Kanchhu
sansar2
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Posted on 05-06-08 3:20 PM Reply [Subscribe]
? Cap Gap Rule :
Your OPT will expire on May 11. After that u don't have any work authorization and u don't have any status. Though u already applied for h1b. But it will only be effective from Oct 1st. In this situation, people like u will have only two options
1. Either maintain ur status by rejoining the school until sept 30
2. or leave the country and come back after oct 1st.
Majority of the students were facing this problem each and every year. Therefore, to avoid these problem, they came up with new Cap-Gap rule this year. According to this rule students like u can work and stay in US till sept 30 with f1(opt) status.
Now after May 11, ur SEVIS will be terminated....that's why u need to tell ur DSO abt your situation..so that he will update ur SEVIS till sept 30. And as a proof , he will give u a new i-20 with opt extension upto sept 30 in the 3rd page of ur i-20.....Then u will have something in ur hand to be safe.
For now totally forget abt OPT extension 17 month rule b'coz u already got selected in h1b lottery.
Kanchhu
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Posted on 05-06-08 3:31 PM Reply [Subscribe]
?
Balla ghaitama gham lagyo Sansar2.
Muri Muri Dhanyabad.
Sheetalb
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Posted on 05-06-08 3:44 PM Reply [Subscribe]
? No you don't need to do anything!
Your OPT will automatically extend until September 30. If your H1 is rejected, then you have 10 days for OPT expiration and 60 days to change your status. It is simple and please people provide right information. You just sit back and wait for H1 approval.
STUPIDA
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Posted on 05-06-08 3:47 PM Reply [Subscribe]
? Looks Lik u Miss the important part---This is my last try..
This short-term measure follows an April 8, 2008 interim final rule that, among other actions, automatically extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1. To obtain the automatic extension, a student must be the beneficiary of an H-1B petition filed for the next fiscal year (with an October 1 employment start date) and have requested a change of status. For F-1 student beneficiaries of petitions that USCIS subsequently rejects, denies, or revokes, or for those who violate their status, the automatic extension terminates at that time.
Kanchhu
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Posted on 05-06-08 3:55 PM Reply [Subscribe]
?
Thank you Sanar2, Sheetalb and Stupida for your time and concern.
-Kanchhu
Sheetalb
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Posted on 05-06-08 3:56 PM Reply [Subscribe]
? Here is the details too - so we do not even need a new I20 in my opinion right?
F-1 academic students on post-completion OPT maintain valid F-1 status until the expiration of their OPT. Once that OPT has ended, they are authorized to remain in the United States for up to 60 days to prepare for departure.
* Under this rule, the F-1 status of students is automatically extended when the student is the beneficiary of an H-1B petition for the next fiscal year (with an October 1 employment start date) filed on his or her behalf during the period in which H-1B petitions are accepted for that fiscal year.
* The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition.
* If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition.
* The student may benefit from this provision only if he or she has not violated his or her status.
sansar2
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Posted on 05-06-08 3:56 PM Reply [Subscribe]
? Hi Sheetalb & Stupida !
Both of u guys are 100% correct but i think u guys didn't go in more depth than that.
However, it is important to note that although the extension is automatically granted, SEVIS may not be automatically updated to show the extension. Students are responsible for checking with their DSOs and verifying that their SEVIS record has been updated with the extension. Thanks
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