Cap-Gap / PERM approved

[IntlStudent 0]

Hi Everyone,

   I want to have your opinion about my case and possibly the safest option for me to prepare for the worst case. my STEM Extension expires mid-June and I am on Cap-Gap already. My I140 is filed PP and AOS will be filed with AP & EAD soon in June only. If in this case my H1b gets denied and my AOS is in Progress, do I fall Out of status instantly? 

 

Should I enroll in college and secure 2yrs of F1 status before filling AOS?

Should I stay on Cap-Gap and wait for H1b decision, which will come during pending AOS.

PS: My F1 Visa expires in Nov 2018 (Not relevant as I am not planning to travel anyhow )

 

Thank you,

[Coco8 1,042]

When the F1 visa expires is irrelevant. What matters is your I-20 which already shows you graduated and that you are on OPT. The visa does not mean that you cannot stay until November 2018. 

 

If the H1B is denied, you will have 60 day grace period as long as you have not been 90 days unemployed when your OPT started. The 60 days start from the day your OPT expired.

 

Was your H1B picked up in the April deadline?

 

If you have PERM approved, then have them submit it before your OPT expires. If you do that, then you can stay because your are lawfully allowed to stay once you submit that (you should do it before it expires to make sure it goes through and you get the NOA 1, you don't want to do it on the grace period). 

 

 

 

 

 

 

[IntlStudent 0]

52 minutes ago, Coco8 said:

When the F1 visa expires is irrelevant. What matters is your I-20 which already shows you graduated and that you are on OPT. The visa does not mean that you cannot stay until November 2018. 

 

If the H1B is denied, you will have 60 day grace period as long as you have not been 90 days unemployed when your OPT started. The 60 days start from the day your OPT expired.

 

Was your H1B picked up in the April deadline?

 

If you have PERM approved, then have them submit it before your OPT expires. If you do that, then you can stay because your are lawfully allowed to stay once you submit that (you should do it before it expires to make sure it goes through and you get the NOA 1, you don't want to do it on the grace period). 

 

 

 

 

 

 

My opt Expires on June 14th and Grace period ends at Aug 14th.

 

 

I-20 cap gap is valid till Sep 30th.

 

 

If my H1b is denied in September, do I get grace period from day of denial or I would already had past my grace period and would fall out of status immediately?

 

 

 

my Employer will file i485 after my I140 approval as per they told me. And I140 is filed Premium and will get the decision latest by June 15th. So, before EAD expiry, they will not be able to file I485. This is where I am looking for safest option.