F-1 OPT, H1B & CAP GAP: All About It

F-1 OPT, H1B
and Cap Gap:
All About It.
Call: 1-202-787-1944 or Visit: www.VisaPro.com

Plotting A Roadmap
To H1B Visa
.

What is F-1 Visa?
F-1 Visa allows foreign nationals to
enter the U.S. and pursue education.
A

Am I eligible to work under F-1 status?
B
Optional Practical Training (OPT) allows a foreign
student in valid F-1 status to accept employment in a
field directly related to his/her major field of study.
However you must have completed, or have been
pursuing a degree and maintained F-1 status generally
for at least 9 months or 2 semesters.

C
How long can I work in USA under OPT?
OPT is usually granted for 12 months but you can get a
17-month extension if the field of study is within STEM
(science, technology, engineering, mathematics).

Apply for an
Employment Authorization
Document (EAD)
before starting employment.

D
How can I work in the U.S. after my education
and OPT are exhausted?
H1B Visa is the ideal non-immigrant visa for foreign
nationals with at least a bachelor's degree or equivalent. It
allows you to work temporarily in a 'specialty occupation'.

When can my employer file H1B petition?
E
An employer cannot file an H1B petition more than six
months in advance of the employment date. Hence, the
earliest an employer can file an H1B cap-subject petition
is April 1st for employment starting no sooner than
October 1st.

Do you qualify for H1B Visa?
Find out.
VisaPro has developed
a FREE Visa Eligibility tool.

Determine your H1B Visa eligibility today at:
http://visaoptions.visapro.com/Visa-Eligibility.asp
Cost Free. Hassle Free.

Play By The
New Cap Gap Rules
.

What is the H1B Cap?
A
There is an annual limit, referred as H1B Cap, on the
number of new H1B petitions that can be approved in a
year. The current H1B annual cap is 65,000. There are an
additional 20,000 H1B’s available for those with a U.S.
Master’s degree or higher.

The H1B filing season begins
April 1st each year allowing
employers to file petitions for
foreign nationals to start work in
the U.S. under H1B status on
October 1st of the same calendar
year.

Can I use Cap Gap,
B
i.e. continue working after my OPT expires?
F-1 students whose OPT expires after the H1B is filed can
continue working until September 30. Students with
pending or approved H1B petitions can remain in F-1
status through October 1 or until the H1B petition is
approved, whichever comes later, regardless of the fact
that their status and/or work authorization otherwise
expired. This is called “bridging the gap.

How does Cap Gap help me?
C
After the H1B change of status petition has been filed, the
automatic cap gap extension will begin and continue until
the H1B petition adjudication process has been completed.
If your H1B petition is approved, your extension will
continue through September 30th.

Who qualifies for a Cap Gap extension?
D
F-1 students who have H1B petitions timely filed on their
behalf during the H1B acceptance period, which begins on
April 1st, qualify for a ‘cap gap’ extension.

Timely filed means that the H1B
petition was filed while the student's
authorized F-1 duration of status (D/S)
admission was still in effect (including
duration of the academic course of
study, any authorized periods of post-completion
OPT, and the 60-day
departure preparation period known as
the grace period).

What if I do not qualify for Cap Gap?
You will need to leave the U.S., apply for an H1B visa at a
consular post abroad, and then seek readmission in H1B
status, for the dates reflected on the approved H1B
petition.
E

If your petition is not selected,
you will have the 60-day grace
period from the date of the
rejection notice or the program
end date, whichever is later, to
prepare for and depart the U.S.

Preparing For The
Big Day:
F-1 OPT to H-1B
Change of Status
.

A
To change status from OPT to H1B you must
find an employer willing to file an H1B
petition on your behalf.

To beat the H1B Cap,
ensure timely filing of your
H1B petition.

B
After your employer in the U.S. timely files
an H1B petition on your behalf you will be
granted H1B status if the H1B petition is
approved.

If you are on F-1 status and
your employer has filed the
H1B petition as a ‘Change of
Status’, the earliest you may
start the approved H1B
employment is October 1st.

I Travel Because,
I have to,
I Come Back Because
I Am Under
‘Cap Gap’ Extension
.

You may return to the U.S.
and resume employment after
a temporary absence only if you hold
an unexpired EAD issued for post-completion OPT or
are in an approved course of study.

If your EAD, covered under
a ‘cap gap’ extension, has expired
and you happen to travel outside the U.S.
you will not be able to return in F-1 status.

In this case, you will have to apply for an
H1B visa at a U.S. embassy or consulate
abroad. Also, you cannot enter the U.S. more
than 10 days prior to the date mentioned on
the approved H1B petition.

Summary

 F-1 students in a bachelor's, master's or doctoral
degree program may apply for work authorization
(EAD) to engage in temporary employment or
OPT in a field directly related to their major area
of study.

 Employers must ensure that the H1B petitions are
filed while the F-1 student’s authorized duration
of status is still in effect in order to be eligible for
cap gap.

 Students leaving the U.S. during the ‘cap gap’
extension may not be able to return to the U.S.
before the start date mentioned in the petition
without obtaining an H1B visa at a U.S. consulate
or embassy.

Do you have a strategy to file your H1B petition on time?
We are offering a free H1B Filing Plan Consultation.
Schedule a free consultation with
VisaPro immigration attorney at:
www.visapro.com/h1b-cap/default.asp

About VisaPro
VisaPro was established in October 2002 with a dream to provide exceptional U.S.
immigration legal services at reasonable costs to companies and individuals around
the globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
 Investor and Entrepreneur Advisory Services
 Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
 Investor Visas: E-1, E-2, EB-5
 Green Cards
 Employer Immigration Compliance

Contact Us
Washington, DC
1050 17th Street NW
Suite 1000
Washington, DC 20036
New York
520 White Plains Road
Suite 500
Tarrytown, NY 10591
Los Angeles
1100 S Hope St.
Suite 103
Los Angeles, CA 90015
“I have had the pleasure of working with the staff at VisaPro. Their knowledge,
professionalism and overall pleasantness made my job much easier. They assisted me
every step of the way in applying for an H1B Visa, I could not imagine getting
through this process without them. I would highly recommend VisaPro to anyone
applying for a Visa. I would most definitely use VisaPro again”
Beverly Brawer,
United States Luggage Company LLC

F-1 OPT, H1B & CAP GAP: All About It

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F-1 OPT, H1B & CAP GAP: All About It