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Urgent help h1 b

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  • Urgent help h1 b

    my current situation:

    i was an f1 student and after graduation used my opt for working with my current employer. my employer filed for my H1 B in april. I continued working for him till date . But my opt ended on july 13. my H1 will start in oct.

    question:

    Am i allowed to work ? I have been paid too.( between july 13 and now i.e sept 16)
    Am i legally allowed to stay here?
    If i am not allowed to work can i void the checks I have recieved from work?

    I am in serious trouble. Please advice me. My lawyer has not been of any help.

  • #2
    You are allowed to work as per cap-gap regulations. But you must inform your school's DSO about your H1 petition. Do that asap.
    This is my opinion and not legal advice.

    Comment


    • #3
      Does the cap gap provision apply to all degrees or STEM only? I think it is for STEM only.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Cap gap

        Originally posted by txh1b View Post
        Does the cap gap provision apply to all degrees or STEM only? I think it is for STEM only.
        I graduated with a business degree in risk management so its not the STEM. Also what exactly is the cap gap. like it goes into effect without doing anything as long as the start date is oct 1.

        Also my lawyer says my H1 might take another month n half to get approved. I thought we would get a yes or no answer by the 1 of oct.

        I am confused and thank you for considerate help.

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        • #5
          All degrees.
          This is my opinion and not legal advice.

          Comment


          • #6
            Originally posted by kabkaba View Post
            All degrees.
            Thank you so much. Do you have any idea if I am allowed to work? like I have been working between july 13 and sept 16( my opt ended on july 13) is that allowed?

            Have i broken any law by working and residing here.

            Thank you and i appriciate immihelp and in future will be sure to give input.

            Comment


            • #7
              Like I said, inform your school DSO about your H1 petition. They will approve cap-gap for you. Do this immediately.
              This is my opinion and not legal advice.

              Comment

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