Written by attorney Gerald P. Goulder

What is H-1B "Cap-Gap"?

The "cap-gap" addresses F students whose OPT-employment authorization ends on or after April 1, but does not extend to the October 1st H-1B employment start date; cap gap extends the authorized period of employment for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the student is given a work extension that enables him/her to remain in the United States until the requested start date indicated on the H-1B petition, technically October 1.

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