View Full Version : H1B RFE pending after expiration of OPT Cap Gap

08-24-2017, 02:56 PM

I am currently working as a full time employee and this was my last chance to apply for H1. Luckily the case got picked in the lottery however I received an RFE on my case on June 9th, 2017. My company haven't replied the the RFE yet. They did ask for some document from me and my manager day before yesterday and since my manager was on vacation till yesterday, he finally got chance to reply them with the requested documents. I am hoping our company immigration department will send out the documents by September 1st.

Now, my concern is, my OPT expires on September 24th and I got Cap Gap that expires on September 30th, 2017. I understand that USCIS takes about 60 days to reply to Cap Gap RFE cases, which means the decision can take longer the September 30th.
1. I want to know if I would be eligible to work after September 30th?
2. Is there any way that I can get my Cap Gap extended?
3. As per this link (https://www.uscis.gov/news/uscis-resume-h-1b-premium-processing-certain-cap-exempt-petitions), Some cases can now be processed in premium now, will my case be eligible for an upgrade to premium?

I appreciate any help here.