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OPT cap gap error and pending H1B

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  • OPT cap gap error and pending H1B

    I changed my job when I am in OPT, so I have 2 H1B applications, one under last year's cap, one under this year's cap. The first H1B was RFE'd, but since I resigned, my previous company decided not to respond to it and let it die. Currently, my second H1B is pending. Since my EAD expires before 10/1 this year, I need a cap gap extension. However, the DSO in my school instead of using my pending H1B, used the first H1B to process my extension. That caused my F1 status to be "extended" to 10/1/2011 rather than 10/1/2012. As a result, they contacted the SEVIS help desk to resolve the issue, but it already took almost 2 months, and they haven't heard from SEVIS yet. I'm concerned about whether the error in my SEVIS record will affect my pending H1B. Is this a problem? Is there anything I can do or ask them to do right now? Thanks!

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