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Immigration Issues/H1B and Cap-gap relief


Dear Mark,

Am I eligible for the latest new interim final rule that USCIS announced in early Apr 2008 about the  cap-gap relief, of which i can extend my stay in the US and also continue to work until Oct 1, 2008? My highest degree is Master's of Art in Marketing.

Herewith some of my facts:
My OPT ended 2/29/2008 and my 60-day departure period will be ended tomorrow 4/29/2008. In March 2008 I obtained a new I-20 from a new school(Not the school I had my OPT with) so that i can fulfill the cap-gap. My classes began today 4/28/2008. This new I-20 was given to my company's lawyer when she filed my H1-B petition.

On 4/25/2008 I was told that my name was selected in the H1B lottery and now pending approval.

If I am qualified with this cap-gap relief rule, what is my next step? If I am NOT qualified, what is my best option if I don't want to enroll as full time international students?

Appreciate your advice.

Many Thanks.

It is my understanding that since you have been selected for the H lottery, you should be eligible for gap relief under the new memo.  I would advise you to also check with the attorney who handled your H1b application as he is in the best position to know all of your circumstances as you have an attorney/client relationship.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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