H1B OPT Extension and CAP GAP related


I am on OPT and it is going to expire on - 4th May 2013. I am eligible for OPT extension. But my employer is sponsering H1B and hopefully they will submit application once window opens. Saying so I will be automatically counted in CAP GAP.

I heard that, if for some reason H1B petition gets rejected, I have no other option than to leave USA as I will not have any valid status.

  1. Is there anything that can be done - to maintain status, after rejection? (I am just considering worst case scenario)

  2. Generally what are the reasons for getting rejected? I am full time employee and completed my Master Degree - Have submitted all documents as mentioned by attorney.

  3. Please let me know, is it advisable to apply for OPT extension even though my H1B petition will be in process. My current employer is reluctant to do E-verification.

  4. What if I get offer letter from E-verified consultant and apply for OPT extension and also keep H1B petition from current full employer?

Please suggets.

Thank you in advance.

Yes, you should apply for OPT extension to be on safer side. It does not affect your H1 petition. You can work with your employer to get your pay roll put on to a e-verified consultancy and hire you as a contracter. You may join back in as a full time on Oct 1st 2013 once your H1 is approved.