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This is for my wife.
She is on OPT status which ends on June 30th ,H1 has been approved but received I-797B instead of I-797A. H1 was applied in 'Consular Processing' and not in 'change of status' by mistake and therefore SEVIS was not updated by USCIS and her college is not giving CAP-GAP I20 due to non-update of SEVIS.
1. Her Employer is filing an amended I129 currently, my question is there a need to file LCA again for this I-129 form ?
2. If the Amended I-129 form does not reach USCIS before 30th of June will she be out of status ?
3. Will she be eligible to work on Cap-Gap once the amendment I-129 has been filed provided it reaches USCIS within time ?
Also according to the USCIS link it says will be eligible for Cap-Gap if timely filed (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”) , Does this mean she will be eligible for CAP-GAP if the Amendment I-129 reaches USCIS after June 30'th when her current OPT expires ?
She is on OPT status which ends on June 30th ,H1 has been approved but received I-797B instead of I-797A. H1 was applied in 'Consular Processing' and not in 'change of status' by mistake and therefore SEVIS was not updated by USCIS and her college is not giving CAP-GAP I20 due to non-update of SEVIS.
1. Her Employer is filing an amended I129 currently, my question is there a need to file LCA again for this I-129 form ?
2. If the Amended I-129 form does not reach USCIS before 30th of June will she be out of status ?
3. Will she be eligible to work on Cap-Gap once the amendment I-129 has been filed provided it reaches USCIS within time ?
Also according to the USCIS link it says will be eligible for Cap-Gap if timely filed (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”) , Does this mean she will be eligible for CAP-GAP if the Amendment I-129 reaches USCIS after June 30'th when her current OPT expires ?
