Dworsky Law Firm

Innovative Immigration Services

Innovative Immigration Services

Award Winning Immigration Attorneys

Chicago-Northfield • US Virgin Islands

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

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About Attorney Ashley Dworsky

Thank you so much for all the assistance you provided my sister. Her immigration issues were handled in the most professional way. You were always available for the multitude of questions and concerns that arose. She could have not done it without you. Regards;  
Shonah Rabman

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

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