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Posted on 28 Apr 2009
Q.

Change of Status for approved H1b petition(F1-Cap)

Hi,
I am currently on my F1-based OPT which will expire on the 31'st of May '09. My employer filed an H1B petition for 1st Oct '09 which has been subsequently approved (with the I797 approval notice for consular processing), with consular processing instead of requesting change of status, which would have allowed me to continue working with automatic OPT extension and taken care of the CAP Gap..
How can I have the approved petition to reflect a change of status instead of consular processing so that I can avail of the cap-gap relief benefit and continue employement and change status without leaving the country? I cannot file for an OPT extension as the employer is not E-verified.

User's Location: Jersey City, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 29 Apr 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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