Change of Status F1 to H1B - F1 Cap Gap Filing?

USA F1, F2 Visas - CPT - OPT
1

Hello,

I am on F1 visa and my STEM OPT will expire on 05/05/2020.

My employer obtained LCA and will file a cap exempt H1B petition next week. Below are my questions, could you please clarify:

  1. Can I stay and work in United States if I get a receipt number on or before 05/05/2020.
  2. If I do not receive a receipt number by 05/05/2020, what is the grace period to return to India?

Thanks,
Prasad

2
  1. Yes, you can as per Cap Gap option,.
  2. You can stay in the country until the decision is made. If you do not get receipt, keep documentation from Fedex or UPS telling it was filed and received by USCIS as the interim documentation.
    Your grace period in general start 60 days after OPT ends, but in your case, you get cap gap extension.
    Talk to your DSO.