Learn what the Cap Gap extension is and how best to use this as an F1 student transitioning from the F1 visa status to the H-1b visa status.
The Cap Gap Extension is given to F1 students currently on OPT or STEM OPT at the time a H1B Cap-Subject petition is filed on their behalf by a sponsoring US employer.
The H1B petitions are usually filed on or after April 1st of every calendar year for the H1B beneficiary to begin his or her status on October 1st of the same calendar year.
As a result of a possible gap in work authorization that some F1 students benefiting from an H1b petition might encounter, US immigration regulations allow H1b beneficiaries with F1 OPT or F1 STEM OPT EADs expiring between April 1st and October 1st to extend their work authorization to cover any gaps from the date of expiration of their EAD to the effective date of the H1B status on October 1st.
Unlike the work authorization for the OPT and STEM OPT extension that must be obtained from USCIS, the cap-gap extension is automatic for eligible students. However, if your H1B petition is rejected by USCIS or withdrawn by your employer during the cap-gap period, you will immediately enter the 60-day grace period.
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DISCLAIMER: This video and content is designed for general information only and is NOT legal advice. The information presented in this video should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.
