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F1 to H1 & opt denied
Hi
I did my masters and worked on OPT for 9 months (Sep 2015 to Jun 2016) and my H1B got picked and case was in processing (in April 2016 Quota) at the same time. I applied for OPT extension and I got RFE for I-983 form which I couldn't able to provide on time. My OPT was denied on Sep 7th 2016. I requested for CAP-GAP (in AUGUST) and my university updated my SEVIS accordingly. But Later my university informed since OPT extension was denied and Cap Gap (Sep 30) is completed they mentioned that my SEVIS got automatically updated to COMPLETED (I am still in USA). When I checked USCIS website it says that CAP GAP exists until H1B decision is made. I am with same employer and same client all this period
Following is the one I found when I checked DHS website.
Before a DSO manually completes a SEVIS record, the DSO should confirm that the student is outside the United States. Once a SEVIS record is in Completed status:
The grace period is no longer available.
The record cannot be reactivated without one of the following:
An SEVP-adjudicated correction request
A USCIS-adjudicated reinstatement application
Following is the info I found on USCIS website
The “Cap-Gap” period starts when an F-1 student’s status and work authorization expires and ends on the start date of their approved H-1B employment.
Following are my questions:
Will I have grace period of 60 days when my SEVIS got updated as 'COMPLETED' automatically?
My DSO did not confirm whether I am out of country or in country. So can I request for SEVP - adjudicated correction request.
I applied for another university and transferred my SEVIS record after 60 days (November 7th 2016) but they gave me a reinstatement i20 since my SEVIS RECORD is completed. Later my H1 got approved (Nov 17th 2016) In this case at any situation am I out of status during my stay after my SEVIS got COMPLETED
Right now I scheduled visa interview for H1B stamping. I am not sure what to answer in case if this question comes to me
Please kindly provide your valuable suggestions. Thanks in advance
I did my masters and worked on OPT for 9 months (Sep 2015 to Jun 2016) and my H1B got picked and case was in processing (in April 2016 Quota) at the same time. I applied for OPT extension and I got RFE for I-983 form which I couldn't able to provide on time. My OPT was denied on Sep 7th 2016. I requested for CAP-GAP (in AUGUST) and my university updated my SEVIS accordingly. But Later my university informed since OPT extension was denied and Cap Gap (Sep 30) is completed they mentioned that my SEVIS got automatically updated to COMPLETED (I am still in USA). When I checked USCIS website it says that CAP GAP exists until H1B decision is made. I am with same employer and same client all this period
Following is the one I found when I checked DHS website.
Before a DSO manually completes a SEVIS record, the DSO should confirm that the student is outside the United States. Once a SEVIS record is in Completed status:
The grace period is no longer available.
The record cannot be reactivated without one of the following:
An SEVP-adjudicated correction request
A USCIS-adjudicated reinstatement application
Following is the info I found on USCIS website
The “Cap-Gap” period starts when an F-1 student’s status and work authorization expires and ends on the start date of their approved H-1B employment.
Following are my questions:
Will I have grace period of 60 days when my SEVIS got updated as 'COMPLETED' automatically?
My DSO did not confirm whether I am out of country or in country. So can I request for SEVP - adjudicated correction request.
I applied for another university and transferred my SEVIS record after 60 days (November 7th 2016) but they gave me a reinstatement i20 since my SEVIS RECORD is completed. Later my H1 got approved (Nov 17th 2016) In this case at any situation am I out of status during my stay after my SEVIS got COMPLETED
Right now I scheduled visa interview for H1B stamping. I am not sure what to answer in case if this question comes to me
Please kindly provide your valuable suggestions. Thanks in advance
