Legal Question in Immigration Law in Illinois

My Initial OPT was expired in JAN 2013 and Application for STEM OPT got DENIED recently MY H-1B is approved.I am currenly working.

What are my Options now:

Do I qualify for Cap-Gap

Can I legally stay in U.S if I don't have my work permit as my H1-B is approved and will start from OCT-1-2013.

Please let me know asap.

I will really appreciate your quick response.


Asked on 5/19/13, 7:49 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Although you should be asking these questions to the Attorney who filed the H-1B on behalf of your prospective H-1B employer, I can tell you that you are covered by the "cap-gap" & can remain here legally. However, since your OPT expired in January & your extension was denied, you should not be working, The DSO at your school, as well as your prospective employer's Attorney, should have discussed this with you. If not, I highly recommend that you speak with them both at this time.

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Answered on 5/20/13, 1:23 pm

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