Dworsky Law Firm

Innovative Immigration Services

Innovative Immigration Services

Award Winning Immigration Attorneys

Chicago-Northfield • US Virgin Islands • Johannesburg, South Africa

Expat Visas

Employment & Business Visas

Green Cards

Family Based Petitions

Entrepreneurial & Investment Visas

H-1B Visa

Business Immigration Attorneys

Innovative Immigration Solutions

The Dworsky Law Firm is the leading immigration law firm in the United States that started with a dream to provide exceptional immigration legal services to individuals and companies who are in need of immigration guidance and advice. We believe that outstanding immigration representation and a deep commitment to humanity go hand in hand.

Representing Clients Around the Globe

We represent businesses, organizations and individuals from around the globe on a vast range of immigration and Visa requirements. The Firm also counsels multinational corporations on a variety of employment related immigration issues, focusing on strategic immigration planning for the U.S. and international companies for the international relocation of personnel, both from and into the United States.

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Espanol • Polski • Rosyjski

17 years of Business Immigration Experience

Consultation Fee waived When Hired

Immigrant and Immigration Attorney

Offices in Chicago-Northfield • US Virgin Islands • Johannesburg

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About Attorney Ashley Dworsky

I met my wife while working overseas during an expat assignment in South Africa. We dated for several months until the assignment finished. Before I returned to the USA, we broached the difficult decision- what shall we to do now?  We opted for a long distance relationship- which lasted for about two years. After countless skype sessions, we decided it was time to start investigating our legal op…

J.N.

Latest Developments

OPT CAP GAP – Update

In the past, the student would either need to leave the country and wait until October 1st to come back to work, or re-enroll in classes to maintain the F-1 status until October 1st when the H-1B would kick in. Now, a student with a pending H-1B petition requesting a change of status will automatically be eligible for a cap-gap extension of the OPT. This allows the student to continue working from the time the OPT expires to September 30th. The H-1B would theoretically start on October 1st and there would be a seamless transition from OPT to H-1B. The extension is automatic; no action needs to be taken by the student. If documentation of the extension is needed for a driver’s license renewal or to document continued employment authorization for the employer, a student has the option to request a new I-20 from the school which confirms the extension.

There are some problems that can arise during the cap-gap extension- some examples:

Q: Can the Cap-Gap extension of OPT be extended beyond September 30 if the H-1B petition filed on the student’s behalf has not been adjudicated by USCIS? Can I keep working under the cap-gap extension?

A: No. Pursuant to 8 CFR 214.2(f)(5)(vi)(A), the duration of status, and any employment authorization granted under 8 CFR 274a.12(c)(3)(i)(B) and (C), of an F-1 student who is the beneficiary of an H-1B petition and request for change of status can only be extended until October 1.  If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the Cap-Gap period must stop working until the H-1B petition is approved.


Q: My H-1B did not request a change of status, it is for consular processing. Am I eligible for the cap-gap extension?

A: No. The cap-gap extension is only for those who have requested a change of status from F-1 to H-1B on the I-129 petition. 

 

Q: My H-1B has been denied and my OPT is already expired. Now what?

A: The 60-day grace period begins from the date of denial. During this time, you must stop working. You can make arrangements to leave the country, re-enroll in school for a new program, or look into any other visa options that may be available to you.

 

Q: My H-1B is approved, my OPT has expired, and I want to change jobs before October 1st. Can I?

A:. Your new employer would need to file a new H-1B petition requesting a change of status from F-1 to H-1B. You would not be subject to the quota because you were already counted when the first H-1B petition was approved. However, if the first employer withdraws the approved H-1B before the second one is approved, there can be a problem.

 

Q: My H-1B is approved, my OPT has expired, and I want to travel before October 1st. Can I come back on my OPT?
A: No. The cap-gap extension is not available for a person who exits the country. Travel is not recommended. But if it is unavoidable, you need to stay outside the country until October 1st, apply for a new H-1B visa stamp when your H-1B is approved, and then can return to the U.S. in H-1B status to start working again.

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(847) 441 – 4188
Chicago-Northfield IL

(340) 244-3432
US Virgin Islands

+27 (11) 0839829
Johannesburg, South Africa

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