Cable Notification for H1B and Cap-gap extension

[ujwal1989]

Hello,

I'm working full time for a US employer on F-1 OPT and my employer is going to sponsor me for the H1B this year. Now, the issue is that I have to travel out of US between April 4th and April 20th 2014 for my sister's wedding. I was told that the "Cable Notification" process has to be followed in my case since, I would be out of the country when the change of status is filed for me. My first question is if the cable notification is really required and what exactly is cable notification and how it works.

The other issue is that I was informed by the legal team of my employer that if the "Cable Notification" way was taken, I would not be permitted to work between the expiration date of my OPT (July 14th 2014) and October 1st 2014. Basically, the cap-gap extension will not be possible and I'm not eligible for STEM extension as I'm an MBA finance graduate.

This brings me to my second question. What would I have to do to attend my sisters wedding on April 12th 2014 and still be able to work without issues?

Thanks a lot for any inputs!

Ujwal

[raghvi]

Hello,

I'm working full time for a US employer on F-1 OPT and my employer is going to sponsor me for the H1B this year. Now, the issue is that I have to travel out of US between April 4th and April 20th 2014 for my sister's wedding. I was told that the "Cable Notification" process has to be followed in my case since, I would be out of the country when the change of status is filed for me. My first question is if the cable notification is really required and what exactly is cable notification and how it works.

The other issue is that I was informed by the legal team of my employer that if the "Cable Notification" way was taken, I would not be permitted to work between the expiration date of my OPT (July 14th 2014) and October 1st 2014. Basically, the cap-gap extension will not be possible and I'm not eligible for STEM extension as I'm an MBA finance graduate.

This brings me to my second question. What would I have to do to attend my sisters wedding on April 12th 2014 and still be able to work without issues?

Thanks a lot for any inputs!

Ujwal

Considering the time frame, unfortunately there isnt much you can do to avoid "Cable Notification" also known as "Consular notification" or "Consular process" as well as attend your Sister's wedding.

Typically a new H1 for F1-OPT holding candidates is applied as a Change of Status (COS) . Now a COS is considered abandoned if one travel outside US while it is pending. If you travel after a COS is approved then its fine, but there is no way you are going to get the COS approved before 4th April 2014, as H1 window itself open only on 1st April 2014. As a result a COS is not possible and that is why the employer's legal team is telling that a "Cable Notification" would have to be done .

Now the drawback of doing cable notification is you would be able to return and work only post 01-Oct-2014 after getting a successful H1 stamping done as US consulate in your home country.

There could have been another way but as your OPT is expiring in Jul 2014 it wouldn't be possible for you to stay legally in US after July 2014.

This is my opinion not legal advice.

[ujwal1989]

Considering the time frame, unfortunately there isnt much you can do to avoid "Cable Notification" also known as "Consular notification" or "Consular process" as well as attend your Sister's wedding.

Typically a new H1 for F1-OPT holding candidates is applied as a Change of Status (COS) . Now a COS is considered abandoned if one travel outside US while it is pending. If you travel after a COS is approved then its fine, but there is no way you are going to get the COS approved before 4th April 2014, as H1 window itself open only on 1st April 2014. As a result a COS is not possible and that is why the employer's legal team is telling that a "Cable Notification" would have to be done .

Now the drawback of doing cable notification is you would be able to return and work only post 01-Oct-2014 after getting a successful H1 stamping done as US consulate in your home country.

There could have been another way but as your OPT is expiring in Jul 2014 it wouldn't be possible for you to stay legally in US after July 2014.

This is my opinion not legal advice.

Thanks a lot Raghvi! That explains a lot of stuff!
I will speak with my employer about this.