Immigration Issues/Cap Gap Situation

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Question
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.

Answer
Kishan,
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.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

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, www.ashleykrishnan.com

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