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Cap Gap Possible With No Opt?

Discussion in 'OPT changes' started by jdoe99, Mar 4, 2015.

  1. jdoe99

    jdoe99 Well-Known Member

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    Hi Ron,
    I wanted to check with you regarding a situation a friend is facing. He did his masters in the US, got an OPT and then left back to India after a few months. He came back to the US after a few years and is currently finishing up his MBA. Since he got his OPT for his first masters, he is not eligible for another OPT. He has lined up a job and his employer is going to file his H1 on April 1.

    The question I have for you is whether there is a way for him to stay within US after he graduates till Oct 1. I understand the students on OPT have the cap gap to fall back on. Does it apply to people who do not have the OPT as well. Is there any other way he can stay back in the US till his H1 start date of Oct 1. I understand that he cannot work till Oct 1 but the primary question is that of the stay till Oct 1.

    Thanks.
     
    Last edited: Mar 4, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    About the only thing that would work would be a to try an extend his visitor's stay. That will be difficult. He should just bite the bullet, go home, get a visa and come back.
     
  3. jdoe99

    jdoe99 Well-Known Member

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    I am assuming you meant his student status as he is on an F1 visa right now. I was kinda hoping that there was some statute that applied cap gap to students who could not apply for EAD.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Cap gap only applies to people who have OPT as of April 1st.
     
  5. jdoe99

    jdoe99 Well-Known Member

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    Thanks Ron.
     
  6. KB1

    KB1 Senior Member

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    I got two OPT's for two Master's ( I never used my second OPT though ). I just added one letter along with my application explaining how this masters was different then my earlier masters.
     
  7. jdoe99

    jdoe99 Well-Known Member

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    Would you be willing to talk further to my friend about this?
     
  8. KB1

    KB1 Senior Member

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    The only issue now I see with your friends profile is that he has always been on F1 visa. Mine was different as it was F1-HI and then F1. My univ just asked me to attach a letter explaining all my visa dates including photo copy of last OPT card . I also explained how MBA is different then technical Masters. This was just one short page letter nothing long to bore them. And they told me its upto the person who opens your case and chances are 50-50, but they have seen this in the past also people getting two OPT's in different field offcourse.
     

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