Cap Gap After October 1

1 are required to leave the united states. Due to increased demand for immigration benefits resulting in higher caseloads as well as a significant surge in. 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.

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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.

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. F 1 students who have an h 1b petition that remains pending on oct. 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. 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.

The cap gap extension of status and work authorization ends on october 1 when the h 1b status begins. 1 cap subject h1 b petition prior to the. F 1 cap gap status work authorization extension no longer valid as of october 1. 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.

What does it mean to have filed for an oct. Cap gap extension eligibility. F 1 students who do not qualify for a cap gap extension and whose periods of authorized stay expire before oct. 1 unless otherwise authorized to continue employment as their cap gap work authorization is only valid through sept.

The automatic extension of status also applies to your f 2 dependents. 1 2018 risk accruing unlawful presence if they continue to work on or after oct.