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

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. 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 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.


  2. 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 extremely limited and without the benefit of having all facts available.


  3. 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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