Immigration Issues/Cap Gap Situation


My OPT expires on May 31st and I filed for my H1B on April 1st. In order to avoid the cap-gap situation, I filed for a COS to F2 and received the receipt notice on March 21st.

The new ruling by USCIS automatically takes care of the cap-gap situation as per my understanding. So, should I withdraw my I539? If so, what is the procedure? Will it affect my H1b petition in any way?

Look forward eagerly for your valuable guidance.

You can withdraw your I-539 by writing to the USCIS of your intent to do so. I would suggest that you wait until you know if your H petition has been accepted for processing.

If not selected then you can withdraw the F-2 and  extend your OPT provided you and your employer satisfy the requirements to do so.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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