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A question on transition from F1 to H1b visa and cap gap.

Houston, TX |

I am an F1 student from India doing PhD . Based on my masters degree I found a Job and the employer filed for my H1b. My H1 b has been approved and the starting date is 1st of October 2012. The Fall semester for my PhD classes start on the 27th of August. Since there is a gap of about 35 days till the 1st of October, should I enroll for classes for the Fall in order to stay IN STATUS till the beginning of H1b. What is Cap gap and what are the eligibility criterion for Cap gap?

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Attorney answers 2


1) that H-1B visas run out before October 1.
2) that you be in status at the time the petition was filed.
3) that the petition was filed between April 1 and October 1

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Talk to an attorney .. you 'might' qualify for cap gap.

Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
We are not geographically limited ==> Our licenses allow us to represent people worldwide.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.