Any recent chnages made to h1b visa and also, if cap gap option for F1 visa holder still avialable

Asked 11 months ago - Atlanta, GA

I am student working on STEM extension, opt end date is june 2014, my employer plans to apply for my H1b, apirl 1st of 2014, since my opt end june 2014, and with my H1b i will able to work from october 1st,
I want to know if cap gap will be applicable, and also if there any thing I or employer need to do for cap gap?

Attorney answers (3)

  1. Vidal Luis Cordova Jr.

    Contributor Level 10


    Lawyers agree

    Answered . Yes, it is still good law and your employer can take advantage of it. Your employer should have the H-1B ready to be filed on April 1st because the cap was met on the first day this year (assuming you are cap-subject).

    This information is not intended to create an attorney-client relationship, as the information provided is... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . The most important thing your employer needs is an immigration attorney.

    Don't let him/her save money by trying to figure things out without an attorney.

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

    Contributor Level 19


    Lawyers agree

    Answered . It might be. You should seriously consider talking to the employer who will be sponsoring you and their immigration attorney as well as your DSO.

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