Question

Hello,

My H1B application is picked up from lottery this year but my case got RFE Notice, which has to be replied with additional required documents and evidences by my employer till November 17th 2017. I already used my 24 months of STEM F1 OPT extension and  my university issued me a new I-20 after I picked up from H1B lottery,which is expiring on September 30th, to get benefit from CAP GAP. 

Currently I am under CAP GAP, which is going to expire on September 30th 2017; and my H1B hasn't been approved yet, it's still under in RFE. My first question is am I able to work till the due date of RFE Notice, which is November 17th 2017.

At the same time, I have have an ongoing Permanent Residency (Green Card) application. I got an approval from I-140 and I am going to file I-485. What are the long term/ short term effects of working after September 30th on my ongoing Green Card application.

I appreciate your prompt answer.Thank you!

Emily

-Sorry for the typo in previous post while posting with google translate.

Answer 1

If your Cap-gap OPT expired, and your H-1B is still pending, you CAN NOT legally work after October 1st, but you can legally stay in the United States and wait for the result of your H-1B petition. You can file premium processing together with your RFE if you want to get the petition result in 15 calendar days.

If you have any additional questions, feel free to contact 800-685-6947.

Comments

To follow up this case,
1. I just got h1b RFE case rejection decision meanwhile I already received the approval of my I140 and my I485 is submitted on 1st Nov 2017. I filed the appeal to this h1b rejection, am I able to work during this appealing period?

2. as I was told, the green card application process is not related to working status, at least to my knowledge, they are not monitoring working status perspective into my I485 application, right? If it is related to my 485 application, how will my US work influence my 485 application?

3. If I received my green card EAD, am I able to work for any US employer immediately?