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

If you’re seeking at this short write-up around the “Cap-Gap” rule, you then almost certainly are acquainted with terms these kinds of as H1B, F-1, and OPT. Need to you be not acquainted with these terms, explanations may be identified elsewhere on this web web site.

The “cap gap” generally refers towards the time period amongst when your optional beneficial instruction (OPT) ends as nicely as your H-1B will take effect. Inside the past, it was fairly frequent to your OPT to expire a lot more than 60 days ahead of October 1st, the date the H1B takes effect, and so left you with unlawful presence for the duration of that period. The “cap” about the minimal number of H-1B visa numbers issued every single year developed a “gap” in the potential employee’s status therefore we’ve got the expression Cap-Gap. The new cap-gap regulations repair this.

This cap-gap extension immediately becomes effective when the H-1B cap continues to be reached and also the student has an H-1B petition filed on his/her behalf throughout the acceptance period. This rule will not apply to all F-1 college students, only folks with F-1 OPT status and function authorization incident to status even though 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 that has been accepted and it is pending with USCS, their status and work authorization is instantly prolonged till USCIS makes a choice on the H1B.

In the event the H-1B Visa application is rejected or denied to the merits, the status and work authorization would finish on the date of rejection and/or denial. If authorized nevertheless, the student’s OPT status and function authorization is valid until the starting with the next FY, which usually starts on October 1 of every yr.

F-1 academic students who acquire science, technologies, engineering, and mathematics (STEM) degrees and who obtain an very first grant of post-completion OPT, could well apply for a 17-month extension for any maximum of 29 months of post-completion OPT.

To turn into eligible for that 17-month OPT extension, a student should have received a degree in one of your following fields: Individual pc Science Applications, Life style Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Bodily Sciences, Biological and Biomedical Sciences, and very possibly other individuals.