Cap Gap Grace Period

If an employer files an h 1b petition with an october 1 start date while you are in your 60 day grace period you will receive a cap gap extension of your f 1 status but will not be authorized to work until uscis approves the h 1b petition and the h 1b status begins on october 1. If the h1b petition is filed during the opt sixty day grace period the cap gap benefit will extend the student s grace period but will not permit employment. You may still be eligible to remain in the united states until october 1 if the h 1b petition is approved.

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You will then have the standard 60 day grace period from the cap gap end date of sept 30 to 1 depart the u s 2 apply for an i 20 transfer or 3 to work with your employer and immigration legal counsel regarding your current h 1b change of status and options to remain in the u s.

Cap gap grace period.

If conditions 1 4 above are true but the h 1b petition was filed in the 60 day grace period following the end of your opt you are not eligible for the cap gap extension of employment eligibility. Similarly the 60 day grace period and cap gap extension of status does not apply to an f 1 student whose petition was revoked based on a finding of a status violation fraud or misrepresentation discovered following approval. The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. In f 1 status until the start date of their approved h 1b employment period even if the opt authorization and or f 1 grace period would have otherwise expired before october 1.

In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period. The gap is the period between the end of an individual s f 1 status and the beginning of the individual s h 1b status. The 60 day grace period does not apply to an f 1 student whose accompanying change of status request is denied due to a status violation misrepresentation or fraud. Student s status ends between april 1 and september 30 including any applicable grace period.

H 1b petition asks for an october 1 start date. In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period. The cap gap extension allows for some f 1 students to extend their f 1 status and or authorized period of post completion opt until they transition to the h 1b status on oct. In f 1 status until the start date of their approved h 1b employment period even if the opt authorization and or f 1 grace period would have otherwise expired before october 1.

The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. More information on cap gap benefits is available in the murthydotcom newsbrief opt cap gap extensions 18 mar 2019. A petition asking for consular processing is not eligible for a cap gap extension. Extensions of f 1 status only eligibility after opt ends.

Options after h1b denial withdrawal or revocation.

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