Legal Question in Immigration Law in Texas

My EAD ended in June 2013 and Now I am on Cap Gap till Sep 30 as my fresh H1B is still pending.

Company not ready for premium processing yet.

What are my options if above scenarios takes place with H1B pending post 30 September 2013.

Can I still work or I have to leave the country or I can go on some kind of leave (paid or unpaid) here in US?


Asked on 8/17/13, 11:39 am

2 Answers from Attorneys
ANUJ SHARMA, ESQ. A SHARMA LAW FIRM, PLLC

You should be able to work during the cap-gap period. Please call for a free consutation as more information is required to determine the exact solution.

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Answered on 8/19/13, 9:20 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Your school should issue a new I-20 for "cap gap" employment, but you do not need to file for a new EAD & you maintain legal status while your I-129 is pending.

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Answered on 8/19/13, 7:07 pm


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