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Posted on 29 Aug 2011
Q.

Have Valid OPT CAP-GAP Extension but received H1b without I-94

Situation:
I was on OPT with expiration date June 14th. My company applied for H1b under premium on May 10th. I received the receipt dated June 7th. Since my company filed for H1 before my OPT expired, I got OPT CAP-GAP extension till Sep 30th. Even after 15 b-days we didnot receive any update on status of h1b petition. When HR contacted USCIS in July 2nd week, they told over phone that they are closing the current case for admin purpose & will be refunding application fee. They also told to file a new petition ASAP. My company filed another petition on July 26 for which we received the receipt dated as August 5th. On August 26th I received the H1b approval notice without I-94. My old I-94 expired on June 14th.
Q:
Can I work till Sept 30th under OPT CAP GAP ext. Am I in status.

User's Location: North Haven, Connecticut, United States of America
Category: F1 Visa (Student Visa)
Posted on 30 Aug 2011
A.
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David Rubman
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Rubman & Compernolle
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