H-1B Cap Gap and OPT Extension

Discussion around the H1B cap and the way it effects F-1 college students on OPT. The new Cap Gap rule.
H-1B Cap Gap and OPT Extension

What exactly is the Cap-Gap?

If you're reading through this short article on the "Cap-Gap" rule, then you definately almost certainly are familiar with terms this kind of as H1B, F-1, and OPT. If you're not acquainted with these terms, explanations may be found elsewhere on this website.

The "cap gap" typically refers towards the period of time in between when your optional sensible coaching (OPT) ends along with your H-1B will take effect. While in the previous, it was very typical to your OPT to expire greater than 60 days prior to October 1st, the date the H1B will take impact, and thus left you with unlawful presence throughout that period. The "cap" to the minimal amount of H-1B visa numbers issued every year produced a "gap" in the potential employee's status; thus we've the phrase Cap-Gap. The new cap-gap laws fix this.


How does the new Cap Gap regulation assist?

This cap-gap extension immediately gets to be effective when the H-1B cap continues to be arrived at and the student has an H-1B petition filed on his/her behalf during the acceptance period. This rule doesn't apply to all F-1 college students, only people with F-1 OPT status and work authorization incident to status while an H-1B application is filed and pending. For instance, if a student's OPT expires on 6/15/09 (and their EAD card expires accordingly), and if the pupil has a legitimate H-1B application which has been accepted and it is pending with USCS, his or her status and work authorization is instantly prolonged until eventually USCIS can make a choice to the H1B.

What takes place towards the cap-gap if USCIS denies the H-1B Visa

In the event the H-1B Visa application is rejected or denied on the merits, the status and work authorization would finish around the date of rejection and/or denial. If authorized nonetheless, the student's OPT status and work authorization is legitimate until eventually the beginning with the subsequent FY, which constantly starts on October one of each yr.

Prolonged Select students inside the high-tech market

F-1 academic college students who obtain science, technological innovation, engineering, and mathematics (STEM) degrees and who obtain an preliminary grant of post-completion OPT, may possibly apply to get a 17-month extension for any maximum of 29 months of post-completion OPT.

What would be the eligible STEM degrees?

To be eligible for that 17-month OPT extension, a pupil will need to have received a diploma in one of your following fields: Computer Science Applications, Life Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Physical Sciences, Biological and Biomedical Sciences, and perhaps other individuals.