Mundelein, IL asked in Immigration Law for Illinois

Q: How long can I stay in the USA after my H-1B gets rejected (currently on Cap-GAp OPT I-20)?

I am on my F1 visa - OPT Cap Gap extension. My OPT STEM extension expires on July 07, 2019.

My company applied for my H-1B visa application this year and I got my H-1B visa picked in this year's lottery. it is still under process, not approved yet. Therefore, I have a Cap-Gap I-20 valid till September 30.

My husband is on H-1B visa.

If my H1B application gets rejected, how much time do I have to transfer my visa to H4? (when I am on CAp-Gap I-20)

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: File it at any time. There is no deadline for filing, though you should file before current status expires.

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