Opt or H1

[ramya12345 0]

I am in F1-OPT status from May 2015, which expire on July 2016.

I Filed my H1 in Consular Processing on April 2016 in regular (not premium), which was picked in lottery and its in-process ,got receipt.

As opt expires on July 2016, I approached my college for stem extension before 45 days but my college informed me

that i had CAP GAP till Sept 30 and not eligible to apply for stem extension until opt expires(July 2016).

I do have couple of questions running on my head

Question 1: I applied H1B in consular processing, Why my cap-gap is initiated,even though I still had the valid opt? (Is it a mistake ****)

Question 2: Can request for the change of status instead of consular processing now?

Question 3: Can i apply opt-ext on CAP GAP with parallel of H1-Consular Process?

Question 4: do i need to go immediately for stamping after the change of status approved in H1-Consular Process ?

Question 5: If H1b consular processing approved, i am not able to apply for opt extension in cap gap ...so what will be the situation ?

Question 6: If H1b consular processing not approved, Will my cap-gap removed ? if not can i apply for opt extension ?

Question 7: if i withdraw the petition ,will my sevis removed with capgap and able to apply for opt extention ?

[arken 4,197]

My understanding:

I am in F1-OPT status from May 2015, which expire on July 2016.

I Filed my H1 in Consular Processing on April 2016 in regular (not premium), which was picked in lottery and its in-process ,got receipt.

As opt expires on July 2016, I approached my college for stem extension before 45 days but my college informed me

that i had CAP GAP till Sept 30 and not eligible to apply for stem extension until opt expires(July 2016).

I do have couple of questions running on my head

Question 1: I applied H1B in consular processing, Why my cap-gap is initiated,even though I still had the valid opt? (Is it a mistake ****)

You are not eligible for cap-gab because of h1b application with consular processing. Cap gap is only for h1b application with change of status. Check with you ISO again.

Question 2: Can request for the change of status instead of consular processing now?

Yes, with the request fee.

Question 3: Can i apply opt-ext on CAP GAP with parallel of H1-Consular Process?

You should have been allowed to apply for OPT-ext since you were not eligible for cap gap.

Question 4: do i need to go immediately for stamping after the change of status approved in H1-Consular Process ?

If consular processing to change of status is approved, you don't need to go to stamping. You can continue working.

Question 5: If H1b consular processing approved, i am not able to apply for opt extension in cap gap ...so what will be the situation ?

If h1b consular processing is approved, you have to return to your country within 60 days grace period after OPT expires. You cannot work during the grade period.

Question 6: If H1b consular processing not approved, Will my cap-gap removed ? if not can i apply for opt extension ?

You should have been allowed for opt extension. check with your ISO.

Question 7: if i withdraw the petition ,will my sevis removed with capgap and able to apply for opt extention ?

You should have been allowed for opt extension. check with your ISO.