謝謝8老師。請問老師這個有沒有什麽官方的網站可以表明您所提到的“Gap to Cap” rule呢？我的律師跟我說是還要上課來填滿這一個多月Gap的。
-I don't agree with your lawyer.Read the following from (note the read color sentences for you case. You can read the whole paper to understand the Gap to Cap rule at the website):
http://www.h1base.com/h1base-international-student-h1b-guides
Which petitions and beneficiaries qualify for a F1 visa to H1B visa cap gap extension?
H1B petitions must be timely filed on behalf of an
eligible F1 student. “Timely filed” means that the H1B application (indicating
change of status rather than consular processing) was filed during the H1B
acceptance period, while the student's authorized duration of status (D/S)
admission was still in effect (including any period of time during the academic
course of study, any authorized periods of post-completion OPT, and the 60-day
departure preparation period, commonly known as the “grace period.”)
Once a timely filing has been made, the automatic cap gap extension will
begin and will continue until the H1B process has been completed. If the F1
student’s H1B petition is selected and approved, the student’s extension will
continue through September 30th unless the petition is denied or revoked. If
the student’s H-1B petition is not selected, the student will have the standard
60-day grace period from the date of the rejection notice to prepare for and
depart the United States. Students are strongly encouraged to stay in close
communication with their petitioning employer during the cap gap extension
period for status updates on the H-1B petition processing. A Form I-797, Notice
of Action, with a valid receipt number, is evidence that the petition was filed
and accepted.
