H1B 신청을 취소하거나 심사에서 거부되지 않았으면 연장이 됩니다.
즉, H1B가 접수되어 심사중이면 승인이 되지 않았더라도
OPT가 9월30일까지 연장되므로 계속 일을 할 수 있습니다.
도대체 힉교와 변호사는 무엇을 근거로 안된다고 하는지 모르겠군요.
참조:
* sorine.kseane.org/
–> 유학생의 졸업 후 취업: OPT & H1B (PowerPoint file)
Slide 7.
* http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_pdf.pdf
(= http://www.ice.gov/sevis/updates_postcompletion_opt.htm )
9.1.1. 테이블을 보면,
The Petition Naming the Student: Is selected for receipting
–> OPT authorization is extended to September 30
9.1.4. What is the length of the cap gap extension?
For students with active post-completion OPT, the cap gap extension for both employment and F-1 status starts the date the student’s original OPT expires and ends September 30 unless the H-1B petition for the student is rejected, denied, or withdrawn.
A student who is the beneficiary of a receipted H-1B petition will have his or her OPT and F-1 status extended to September 30, 2008 (이것은 2008년 기준 설명임.)
* http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7f1a046c43360210VgnVCM1000004718190aRCRD
Which petitions and beneficiaries qualify for a cap gap extension?
…
Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30th unless the petition is denied or revoked.
How does a student covered under the cap gap extension obtain proof of continuing status?
The student should go to their Designated School Officer (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap gap I-20 showing an extension until June 1st. If the student’s petitioning employer receives a notice of selection from USCIS, the student should return to his or her DSO with a copy of the receipt notice, if possible, for issuance of a new cap gap I-20 indicating the continued extension of status.
