Am I eligible for Cap Gap?

Asked over 1 year ago - Chicago, IL

My OPT runs out on July 8th. I already have 4.5 month of H1 left from pre-F1 status. My current employer is not filing for H1 transfer, so I will join another employer who will transfer my H1 post July 8th. Based on this - my H1 transfer will be done 2-3 months later after my OPT expiry. Am I eligible for Cap Gap and have my H1 transfer effective from Oct 1?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . The cap-gap does not apply if you are already in H-1B status.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Pradeek Susheelan


    Contributor Level 12


    Lawyers agree

    Answered . What do you mean when you say you have 4.5 months of h1 left ? If you we're on h1 b status within the last 6 years the cap does not apply to you and you do not require cap gap.

    If you on the other hand the cap applies to you as long as you have valid f1 / opt past April 1 st and your employer files a petition on April 1 st you will be eligible for cap gap.

    Please consult an immigration attorney

  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . You should consult with an attorney

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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