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我的情况是opt2月expired,准备4月1日提交H1b 那么我是否可以用cap-gap extension rule 在4
月1日至9月30日工作?
我反复读了USCIS网站上关于cap-gap extension的描述
从以下Q&A可以看到,如果在4/1日file了h1b(属于60天grace period,那就属于
timely filed H1b)那么为什
么不能用这个cap gap rule?
Q: Which petitions and beneficiaries qualify for a cap-gap extension?
H-1B petitions must be timely filed on behalf of an eligible F-1 student.
Timely filed means that the H-1B petition (indicating change of status rather than
consular processing) was filed during the H-1B acceptance period, while the student's
authorized duration of status (D/S) admission was still in effect (including any
period of time during the academic course of study, any authorized
periods of post-completion OPT, and the 60-day departure preparation period, commonly
known as the “grace period”).
Once a timely filing has been made, the automatic cap-gap extension will begin and
will continue until the H-1B petition adjudication process has been completed. If
the student’s H-1B petition is selected and approved the student’s extension will
continue through September 30th unless the petition is denied, withdrawn, or revoked.
月1日至9月30日工作?
我反复读了USCIS网站上关于cap-gap extension的描述
从以下Q&A可以看到,如果在4/1日file了h1b(属于60天grace period,那就属于
timely filed H1b)那么为什
么不能用这个cap gap rule?
Q: Which petitions and beneficiaries qualify for a cap-gap extension?
H-1B petitions must be timely filed on behalf of an eligible F-1 student.
Timely filed means that the H-1B petition (indicating change of status rather than
consular processing) was filed during the H-1B acceptance period, while the student's
authorized duration of status (D/S) admission was still in effect (including any
period of time during the academic course of study, any authorized
periods of post-completion OPT, and the 60-day departure preparation period, commonly
known as the “grace period”).
Once a timely filing has been made, the automatic cap-gap extension will begin and
will continue until the H-1B petition adjudication process has been completed. If
the student’s H-1B petition is selected and approved the student’s extension will
continue through September 30th unless the petition is denied, withdrawn, or revoked.