A question on transition from F1 to H1b visa and cap gap.

Asked about 2 years ago - Houston, TX

I am an F1 student from India doing PhD . Based on my masters degree I found a Job and the employer filed for my H1b. My H1 b has been approved and the starting date is 1st of October 2012. The Fall semester for my PhD classes start on the 27th of August. Since there is a gap of about 35 days till the 1st of October, should I enroll for classes for the Fall in order to stay IN STATUS till the beginning of H1b. What is Cap gap and what are the eligibility criterion for Cap gap?

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 1) that H-1B visas run out before October 1.
    2) that you be in status at the time the petition was filed.
    3) that the petition was filed between April 1 and October 1

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . Talk to an attorney .. you 'might' qualify for cap gap.

    Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
    SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
    We are not geographically limited ==> Our licenses allow us to represent people worldwide.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more

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