Am I Eligible for Cap-Gap? (I am not on OPT or OPT- Extension, I am F-1 Student)

Asked about 1 year ago - Newark, NJ

I really want answers with good explanation because my DSO is confused. I am currently on valid F1 status and an employer will file H1b on my behalf on April 2014. However I am not eligible for an OPT as I have used up that benefit/OPT before at prior degree of same level (I did MS with computer science and used OPT then joined MBA, as I am still at master's level degree I am not eligible to apply for OPT and MBA is not STEM course so not eligible for OPT extension).

I want to know if I can extend my F1 status under cap-gap till my H1b comes into effect. I will be graduating in May 2014, and planning to file H1B in April 2014.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Your DSO needs to maybe take a continuing training course. Each degree level carrying a benefit of an OPT. Hence, no additional OPT on the same level. SInce you MBA is not a STEM course, you might easily forget about the GAP CAP benefit.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Eric M. Mark


    Contributor Level 20


    Lawyers agree

    Answered . If you want good answers with explanations maybe you should pay for a consultation.

  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Do you have a specific employer in mind?

    If so, then you need to meet with their immigration lawyer, not a non-attorney in HR.

    If you don't already have an employer in mind and your DSO is confused ... pay a private attorney for a consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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