H-1B Visa applications for 2014 are accepted by the USCIS from the 1st of April. There is a 65,000 cap imposed on H-1B annual limit and an additional 20,000 H-1B visas are assigned specially for master’s degree quota. While you are in the United States on an F-1 Visa and applying for an H-1B visa, it is very important to know what CAP GAP is and how this would affect your stay in the United States during your H-1B Visa Process.
Check out the post on H-1B Visa 2014 Q&A
What is CAP-GAP?
CAP-GAP is said to be the period between the time when an F-1 student’s visa status and work authorization expire in a particular year, and until September 30th of the same year, when the candidate have filed for an H-1B visa in the current fiscal year.
What is CAP-GAP Extension?
CAP-GAP Extension automatically extends an eligible F-1 student’s status, to bridge the gap between end of the candidate’s OPT (H-1B) Status and Start of H-1B Status (October 1st 2013 for the year 2013), thereby allowing the candidate to continue working in the United States.
CAP-GAP Situations:
- OPT (Optional Practical Training) Expires after you filed for H-1B Visa
- OPT Expired before you file H-1B Visa and you are within 60-day grace period
OPT Expires after you filed for H-1B Visa
If your employer files for H-1B Visa and the application is received by the USCIS prior to your F-1/OPT status expires, you are allowed to continue to work in the United States during the cap-gap period.
OPT Expired before you file H-1B Visa, having 60-day Grace Period
If your employer files for H-1B Visa and the application is received by the USCIS after your F-1/OPT status expires, but during your 60-day grace period following OPT Expiration, you are allowed to stay in the US if you otherwise maintain your F-1 status, but your are not allowed to work until your H-1B visa petition is approved, and you may allowed to work once your H-1B visa petition is approved from the October 1st of the same year.
CAP-GAP Extension
If you have filed for an H-1B Visa and your OPT status has expired after the USCIS received your application, you do not necessarily need to worry about the Cap-Gap extension. It is automatically extended by the USCIS and your SEVIS record is updated allowing you to work in the United States until October 1st 2012.
CAP-GAP Extension Termination
The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition.
CAP-GAP I-20
To get a cap-gap I-20, request one from your university by providing the following details:
- Full Name
- SEVIS number
- Scanned copy of EAD Card
- Scanned copy of I-797 H-1B approval and/or receipt notice, or copy of your H-1B petition filed to the USCIS, which ever applicable.
Travelling out of United Status during CAP-GAP
It is advised NOT to travel outside the United States during cap-gap status. While returning back to the United States, a valid EAD card is required to re-enter during the cap-gap extension, along with passport with valid F-1 status, signed I-20 and employment verification letter from the employer. If your EAD Period is Complete, it is not suggested to travel out of the United States until your H-1B Visa Petition is approved.
What if I am working for one company and a different company files my H1B. Will I qualify to get a Cap Gap extension?
In case if F1 is expired, and EAD is still valid, considering H1 is approved. Can the student travel outside US and return before his EAD expires(and H1 start date)? What are the chances for getting F1 visa approved to return to US in this case?
I have one question on it. My OPT will expired on 23rd September and my Employer will file my H-1b in April but it will be effective 1st October. So, what should I do in that one week period in last week of September?
Well that’s what the post explains, your F-1 is automatically extended to fill in that gap between your OPT expiration and H-1 start date and hence you’re good there.
if i will get h1b approval for company i am working with, can i switch company or can i work with other company during cap gap ???
You can switch the company during cap gap but you need to notify your school and get approval for the same. If your initial H1B petition was approved, then you qualify for the H1B transfer and you can work for the new employer on October 1st, even if your h1b transfer is not been approved.