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Posted on 11 Feb 2009
Q.

H1B denial while on capgap

My OPT expired Feb 29,2008 and the capgap rule extended my OPT/F1 till October 1,2008 as my H1B petition was picked in the lottery.We got a request for more information so we sent that as well and it says the case is still in processing. However, my SEVIS says my change of status has been denied although I have not received the denial letter yet. If my F1 and OPT status was extended till October 1, 2008, then am I not eligible for reinstatement to F1 status as I am within the 5 months of being out-of-status(March 1)? My actual F1 visa expired Dec 2005 so my status has been only my I20 or OPT since then.My DSO says my old SEVIS has been closed and a transfer is not possible.
1.Can I apply for reinstatement to another school and start a new SEVIS without me leaving the country for a new F1?

User's Location: Pittsburgh, Pennsylvania, United States of America
Category: F1 Visa (Student Visa)
Posted on 12 Feb 2009
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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