Cap Gap After October 1

The gap is the period between the end of an individual s f 1 status and the beginning of the individual s h 1b status. The cap gap extension is available to students who are either on approved opt or stem opt or in their 60 day grace period and have a pending or approved change of status for an october 1st cap subject h 1b petition with uscis which was filed prior to the expiration of their opt stem or 60 day grace period. F 1 students who have an h 1b petition that remains pending on oct.

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They then need to apply for an h 1b visa at a consular post abroad if applicable and seek to be readmitted into the united states in h 1b status for the dates reflected on the approved h 1b.

Cap gap after october 1.

The cap gap extension of status and work authorization ends on october 1 when the h 1b status begins. The automatic extension of status also applies to your f 2 dependents. Cap gap extension eligibility. If conditions 1 4 above are true but the h 1b petition was filed in the 60 day grace period following the end of your opt you are not eligible for the cap gap.

1 2018 risk accruing unlawful presence if they continue to work on or after oct. 1 unless otherwise authorized to continue employment as their cap gap work authorization is only valid through sept. 1 are required to leave the united states. What does it mean to have filed for an oct.

The cap gap extension allows for some f 1 students to extend their f 1 status and or authorized period of post completion opt until they transition to the h 1b status on oct. Due to increased demand for immigration benefits resulting in higher caseloads as well as a significant surge in. F 1 students who do not qualify for a cap gap extension and whose periods of authorized stay expire before oct. F 1 cap gap status work authorization extension no longer valid as of october 1.

Citizenship and immigration services uscis issued an alert on september 28 2018 reminding f 1 students who have an h 1b petition that remained pending on october 1 2018 that they risk accruing unlawful presence if they continue to work on or after october 1 unless otherwise authorized to. 1 cap subject h1 b petition prior to the.