Skip to main content

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

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


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

Mark as helpful

3 lawyers agree




Yes, I am sure Mr. Mark you are right. Thank you for your prompt reply, though answer is not relevant to question.

Alexander Joseph Segal

Alexander Joseph Segal


It is very relevant answer. You seek general information on AVVO. You want a specific question answered, seek a consultation. AVVO is not for case specific advice.


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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

6 lawyers agree


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

4 lawyers agree

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics