Cap Gap Grace Period

Extensions of f 1 status only eligibility after opt ends.

Cap gap grace period.

You may still be eligible to remain in the united states until october 1 if the h 1b petition is approved. 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. 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. 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.

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. Similarly the 60 day grace period and cap gap extension of status does not apply to an f 1 student whose petition was revoked based on a finding of a status violation fraud or misrepresentation discovered following approval. H 1b petition asks for an october 1 start date. The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s.

Options after h1b denial withdrawal or revocation. Student s status ends between april 1 and september 30 including any applicable grace period. 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.

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. In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day 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. A petition asking for consular processing is not eligible for a cap gap extension.

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.