The cap-gap issue!

I612

Registered Users (C)
I am in training on H1-B visa and traning will be over June of '06. I am interviewing for jobs, all are nonteaching, so subject to cap and my original H was exempt. It seems I would not be able to start work until Oct of '06, or would INS just approve without paying much attention? Since I think I am not the 1st person to have this problem, anybody has any insights on how to survive in status during that time period?
On the side my I-94 is valid longer than my contract, but again I won't be paid for that gap, so I think officially I would be out of status.
 
I have a PhD in this field,so please read carefully!
One of two things can happen and there is absolutely no way of knowing which one.
1) USCIS approves your Petition from July 1
2) USCIS caps you and approves the Petition from October 1 and will let you stay until then(Some lawyers give Boards as an excuse,but thats not really needed,I dont know anyone who has been labelled out of status because of this,)

So either way,just apply and relax.
Good luck
 
You can go on F-1

Some Universities allow international students to enter as a non-degree seeking student. You can apply to such universities and go on F-1 for the summer semester and take courses/do research (less than or equal to 20hrs/week) with a professor.

Or you can talk to your PD, take some unpaid time-off from the residency program such that you finish in Sept. end.
 
Thanks

Thanks for the responses. Somehow my lawyer saws that is not even worth it filing for July, which makes me want to go crazy. I am not sure, maybe he is right. I had thought of the F, since I came in on F too, but then I have I-130s filed through family, so have obvious immigrant intent. I am sure that would raise eyebrows for a "visa" but would it also be a problem for COS to F?
 
Do not fall for this F1 crap.JUST APPLY FOR JULY 1 AND RELAX.I DID IT AND MY FRIENDS DID IT AND WE HAD OURS APPROVED FROM JULY 1.
Some guys got it from Oct 1,but they were allowed to stay here until then.
USCIS is lenient in this matter.
TRUST ME ON THIS
 
You may be fine

You need not worry about waiting for H-1. As you are on H-1 already, you will not be counted against the cap. Check with your lawyer.
 
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