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.

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. A petition asking for consular processing is not eligible for a cap gap extension. 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. 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.

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. H 1b petition asks for an october 1 start date. The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. Options after h1b denial withdrawal or revocation.

The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s. 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u s. Similarly the 60 day grace period and cap gap extension of status does not apply to an f 1 student whose petition was revoked based on a finding of a status violation fraud or misrepresentation discovered following approval. In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period.

Extensions of f 1 status only eligibility after opt ends. 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 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. More information on cap gap benefits is available in the murthydotcom newsbrief opt cap gap extensions 18 mar 2019.

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.