H1b capgap senario

H1b capgap - senario

Hi, I was selected in h1 lottery this year and I am in my last few days of stem opt and the end date is June 4th. My employer who was very slow and filed my petition on May 29th regular processing . In order to get capgap, h1 must be filed in timely manner before opt end date which I did . But to request cap gap I20 from DSO need update on sevp portal atleast, since to get receipt it takes 2 to 3 weeks. Does anyone faced my scenario and how long will it take for uscis to update sevp since I have only 4 working days in between and what are my other options? Will Grace Period works


You need to discuss your scenario with your employer’s immigration lawyer and your DSO.
For the proof of continued status, DSO will need to generate a new I-20 in SEVIS to indicate the cap-gap and work authorization extension till September 30.
Do you know if your petition was or will be received by USCIS before end of your EAD?

Below excerpt from USCIS.

The cap-gap extension of OPT is automatic for eligible students. A student does not file an application for the extension or receive a new Employment Authorization Document (EAD) to cover the additional time. The only proof of continued employment authorization currently available to an affected student is an updated Form I-20 showing an extension of OPT, issued to the student by their Designated School Official (DSO). This document serves as proof of continued employment authorization.

If a student chooses to obtain an updated Form I-20, they should provide their DSO with evidence of a timely-filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.

The student should return to their DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, indicating that the petition was filed and accepted. The Form I-797 must have a valid receipt number. The student’s DSO will issue another updated Form I-20, showing an extension until Oct. 1. In such situations, the student can continue to work while the update to their Form I-20 is being processed. Because the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.