Hello everyone,
As i posted earlier, my OPT is going to expire the 26th of APRIL and my employer filed H1B in reqular quota. I checked with USCIS and they say they wont be sending out any receipt number for regular applicants and they would give me an update with in 2 months. I checked with my school DSO for an prelimnary CAP GAP i20 but she denied giving me an i20 saying she would only accept receipt number but not the USPS tracking number. I am kinda worried because i work full time and i dont know shd i still be working for my employer or not after april 26th? Its not even two weeks away…!! My DSO says its no problem and legal to work even after OPT expires because my H1B application is still pending… But without an updated CAP GAP i20 and with an expired EAD card, i see no way its possible. Please help me out guys.
Prathibha
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It is sad when DSOs are not fully familiar with rules causing tremendous stress to in-transition applicants such as you. The USPS receipt is evidence of a properly filed H-1B and your I-20 must be notated with an extension. I think you will be extended till June 1 without a receipt and till September 30th with a receipt. It is a violation of Labor Law if you are not granted this extension. Please show this link to your DSO: Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations | USCIS
All the best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
Proof of Continuing Status
To obtain proof of continuing status, a student should go to their Designated School Official (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 a preliminary cap-gap I-20 showing an extension until June 1.
Talk to an emigration lawyer. Expired EAD can make you out of status. it is true that DSO cannot issue cap-gap based on USPS receipt. Your EAD expiry is at a very unfortunate time.