Who are eligible for CAP GAP?

The Cap-Gap extension is available to students who, are either on approved F-1 OPT or STEM OPT or in their 60-day grace period and have a pending or approved change-of-status for an October 1st cap-subject H-1B petition with USCIS which was filed prior to the expiration of their OPT/STEM or 60-day grace period.

Can I apply for H-1B while on CPT?

Originally Answered: Can I apply for an H1B during my CPT? Yes, you can and must. With the H1b being a lottery, you must start applying as sooner rather than later. Your H1b start date will be in the future, so there will not be any overlap with the F1 period.

Who is subject to H-1B cap?

The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. An additional 20,000 petitions are allotted to individuals holding advanced degrees at a master’s level or beyond. However, in some cases, H1B applications can be filed without going through the H1B cap.

What is cap gap H-1B?

The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. 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.

Is CPT eligible for CAP GAP?

It is important to note that CPT holders do NOT benefit from the H-1b cap gap rule. That means that if your CPT expires prior to July 1st (you have a 60 day grace period), you may be required to leave the U.S., or switch to a different non-immigrant status.

What is H-1B cap exempt?

10. Who is exempt from the H-1B cap? Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit.

What if CPT expires?

You CANNOT begin to work before you obtain your CPT authorization from ISSS or continue to work after your authorization expires or you graduate. If you do, you will be engaged in unlawful employment (i.e., you will be “working illegally”) and your immigration status will be terminated.

Does CPT require EAD?

NO EAD is required for CPT. Rather the I-20 endorsed by the DSO indicating employment is authorized under CPT and which identifies the employer and period of employment authorization under CPT is the document used for I-9 purposes and for evidence of valid non-immigrant status in the US.

Who is exempt from H-1B cap?

Which physicians are exempt from the H-1B cap?

Physicians Can Qualify Under General H1B Cap Exemptions

• It is an accredited, nonprofit institution of higher education.
• It is a nonprofit entity that is related to or affiliated with a qualifying institution of higher education.
• It is a nonprofit research organization or a governmental research organization.

Does Uscis reject OPT extension?

Normally, if your OPT/STEM OPT Extension is rejected, you must file a completely new application withUSCIS. If the application is rejected after your filing deadline (the end of the 60-day grace period for OPT; end of the OPT EAD for STEM OPT) refiling would normally be denied.

Does USCIS approve CPT?

Authorized by the U.S. Citizenship and Immigration Service (USCIS), and the student is issued an Employment Authorization Document (EAD). Can occur before or after the student’s program end date. Periods of OPT cannot overlap.

Does cap gap apply to F1 students on CPT?

The H1B cap-gap does not cover F1 students on CPT (Curricular Practical Training). It only applies to F1 students on post-completion OPT (Optional Practical Training). Therefore, because you are on CPT, you will have to find a way to legally remain in the U.S. until Oct. 1st.

What is the H-1B cap gap extension?

The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U.S. 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. This section is liable to change per FY2021 changes.

When does the cap-gap period start and end for F-1 students?

The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on Oct. 1, the required start date of the H-1B cap-subject petition filed on their behalf if seeking cap-gap authorization.

What is H-1B status for students?

H-1B is a work visa that is sponsored by an employer. Students commonly transition from Optional Practical Training (OPT) authorization, part of F-1 status, to H-1B status. There are a limited number of H-1Bs available each fiscal year, for most employers, and this limit is often called the “H-1B cap.”