I have been working on OPT when my employer filed an H1B petition for me to change my status from October 1st. However, the USCIS has not issued a receipt, yet. …20 Jun 2014
… My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment?
Yes. In order to continue working, you need to apply for a new cap gap I-20 from your DSO. However, your DSO will only be able to issue a new I-20 for continued employment authorization until September 30, if USCIS has updated your SEVIS record with information that your H1B petition has been accepted for processing and a receipt notice has been generated. If your H1B petition has been properly filed and no receipt has been generated, your DSO can only issue an I-20 until June 1. If your I-20 has been wait-listed (i.e. put in the queue for an available visa number), your DSO may be able to issue a new I-20 with authorization until July 28. (20.Jun.2014)
Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.
Access more FAQs here.
Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved