Attention F-1 OPT Students, Applying For H1-B Visa 2022: Cap Gap Deadline Is Sept 30, 2021 – Path2USA

If you’re a world pupil in USA on F-1 visa making use of for H1B visa for FY 2022, don’t overlook your cap-gap necessities. Its essential to do not forget that F1 OPT college students who’ve

What’s “Cap-Hole”?

It’s the hole interval between the top of F-1/ Optical sensible coaching (OPT) standing and the start of H-1B standing, if the F-1 standing isn’t prolonged for qualifying college students. It’s termed ‘cap-gap’ because it permits college students with pending H-1B to stay on F-1 standing.  There are two kinds of cap-gap petitions:

1. For H-1B petitions filed
2. For H-1B petitions receipted or authorised

How you can Apply?

To use for Cap-gap, it’s possible you’ll want all or among the required info. For extra info relating to your cap-gap software contact your worldwide pupil workplace and/or your lawyer or employer.

1. Contact the worldwide pupil middle in your college with following paperwork
   1. Copy of your present EAD
   2. Copy of your present I-20
   3. Copy of your present I-94 information
   4. Copy of your present passport expiration and biography web page
   5. Copy of your I-797 Receipt of acceptance at USCIS or approval discover from USCI
2. Create an E-mail/cover-letter with the next information:
   1. Your Sevis quantity
   2. Your employer’s identify and full deal with
   3. Date you begin employment as H-1 employer
   4. Your job tittle and supervisor’s identify and speak to
   5. Your present mailing deal with, e mail deal with and telephone

Processing Time

The processing cap-gap I-20 might require knowledge repair within the SEVIS database by the federal government, which requires a 3 week processing grace interval. Due to this fact, please permit a processing time of a minimum of three weeks to your new I-20.

Further Info

Listed below are some extra pointers. Please take authorized counsel to your employer if needed:

• The US authorities doesn’t suggest college students to journey exterior of the US throughout the cap-gap extension interval. Should you plan to journey to your house nation, you also needs to put together to use for H-1B visa on the consular publish in your house nation.
• The 90-day unemployment clock as relevant on OPT can also be relevant throughout cap-gap.
• You have to inform your pupil workplace if utilized for cap-gap for H-1B petitions filed and the petition is later denied or withdrawn.
• When you’ve got utilized for cap-gap and your H-1B software will get rejected you get 60-days discover from the date of receiving the discover to depart from US, change standing, or change diploma degree so long as you haven’t in any other case violated standing. You can not go away and re-enter the US and can’t work.
• Should you licensed post-completion OPT on or after April 1, you turn out to be eligible for the extension for Cap-gap and you’ll proceed to work with the employer whereas cap-gap request is pending.