Cap Gap Grace Period

You may still be eligible to remain in the united states until october 1 if the h 1b petition is approved.

Cap gap grace period.

H 1b petition asks for an october 1 start date. More information on cap gap benefits is available in the murthydotcom newsbrief opt cap gap extensions 18 mar 2019. 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. If an employer files an h 1b petition with an october 1 start date while you are in your 60 day grace period you will receive a cap gap extension of your f 1 status but will not be authorized to work until uscis approves the h 1b petition and the h 1b status begins on october 1.

If conditions 1 4 above are true but the h 1b petition was filed in the 60 day grace period following the end of your opt you are not eligible for the cap gap extension of employment eligibility. Student s status ends between april 1 and september 30 including any applicable grace period. You will then have the standard 60 day grace period from the cap gap end date of sept 30 to 1 depart the u s 2 apply for an i 20 transfer or 3 to work with your employer and immigration legal counsel regarding your current h 1b change of status and options to remain in the u s. A petition asking for consular processing is not eligible for a cap gap extension.

The 60 day grace period does not apply to an f 1 student whose accompanying change of status request is denied due to a status violation misrepresentation or fraud. The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. Extensions of f 1 status only eligibility after opt ends. 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.

The cap gap extension allows for some f 1 students to extend their f 1 status and or authorized period of post completion opt until they transition to the h 1b status on oct. In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period. The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period.

If the h1b petition is filed during the opt sixty day grace period the cap gap benefit will extend the student s grace period but will not permit employment.