OPT To H1 Cap Gap

jeffzzang623

New Member
My OPT expired at the end of May, and I am currently on my 60 day "grace period". My lawyer has filed my H1-B visa application, which he says has been approved with a start date of October 1st, 2005.

That leaves me with a two month "gap" in which I will be out of status. (Between End of July and October 1st).

I know that in past years, the USCIS has issued a "Cap Gap" document which allows people in my exact situation to stay legally in this country until October 1st. This document has not been issued yet, and my lawyer has advised me that it will probably not be issued this year. My lawyer has also advised me to leave the country after my grace period ends and come back on October 1st, so as not to become illegal. However, my employer would probably not be too happy about me missing work for 2 months.

Is anyone else in this similar situation, and have any other information regarding this situation? Does anyone know if this "Cap Gap" document will be released anytime soon? What are the consequences of staying in this country during the "gap" period? Will I risk losing my H1? How serious is the risk?

Also, are there any other "ways" to get around my situation? I'm pretty sure there are tons of people who are experiencing this same situation and have a way to stay in this country during the "gap" period.

Any help or advise would be greatly appreciated. Thank you.
 
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