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I am a beneficiary of two pending H1B petitions filed by different employers. I have been working pursuant to the cap gap OPT extension based on the petition filed by Employer A, which is noted in my SEVIS record. …

01 Aug 2014
Posted at 13:53h in FAQs by

… Unfortunately, Employer A is no longer able to offer me the job on which its H1B petition was based. Therefore, my H1B petition will be withdrawn. Will there be a problem for me to continue working based on the H1B petition filed by Employer B?

Answer

You should speak with your DSO about requesting a data fix for your SEVIS record. Because the withdrawal of the H1B petition, which is the basis for your cap gap, may result in a termination of your SEVIS record, it is important to ensure that SEVIS reflects the valid basis for your cap gap benefit (i.e. the petition filed by Employer B). (01.Aug.2014)

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