What if H1b petition still pending after Oct 1st (CAP Gap OPT)


My H1 visa petition is still under "initial review".

Receipt date: 12 April, 2012;  

US Masters; Regular processing; CSC;

I am currently in F1 OPT Cap gap extension period.

[b]Question:  [/b] 

I see that  UCICS takes 2-6 months for H1 regular processing. OPT cap gap extension is valid until Sep 30th. I am wondering what if the H1 petition is still pending after Oct 1st. 

	Does UCICS still extend my cap gap OPT after Oct 1st until decision? or Does UCICS will ask me to leave US and come back, if approved?

	Is it better if I upgrade my case to premium processing now? My employer doesn't want to pay for PP and so, I may have to pay the $1225 and I am willing to pay.

Please advise

Thank you.
  1. No, USCIS won’t extend your CAP-GAP after 30th Sept. You are given 60days to leave USA.

  2. Upgrading it 2 PP will help, as you wil get a decision within 15 days. Employer is not legally bound to pay for PP fees of $1225, you can pay for it.

So, does UCICS generally provide result before Oct 1st? I mean what percentage of applications were pending after Oct 1st in the past (2011 or before)?

There is no obligation for USCIS to give a verdict before 1st OCt.
To be on the safe side, if you apply for PP you will get a quick response.
Even if they give you an RFE, you will have ample time to reply to that, while you are in USA, and on Status.
My 2 cent is to convert it in PP, pay the money… cause your marginal benefit from this investment is more than the marginal cost :slight_smile:

Thank you.
I will inform my attorney to do so and see what they will say.

All the best. Btw , what is your major?

Business (MBA)

Hello ~

I have totally same situation as you. Now my H1-B is still pending and my Cap-Gap OPT Extension expired on Sep 30, 2012. As I checked with immigration and school, I have 60 days legally to stay. However, I can’t work, I can’t drive.

May I ask did you pay for PP? Did you get answer within 15 days?

Any suggestion or advise.

Thank you so much!!!

is their any chance to join any other university before 60 days for status?