Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
The Cap-Gap Relief Needs H-1B Filing for F-1 Student in the OPT

Hi William,

I am a F-1 student in the OPT, which will expire in 3 months. Since my MS degree in US is non-STEM degree, so I can not get OPT extension after it expires.

My OPT employer just filed the H-1B application for me, can I continue to work for this employer after OPT expires and before the H-1B starting time of October 1?

Answer,

In some instances, a F-1 student with OPT and a non-STEM degree can obtain an automatic extension of status and work authorization based upon the filing of an H-1B application. It is known as cap-gap relief, this provides permission to remain in the U.S. beyond the expiration of the OPT until October 1, provided the H-1B case has been accepted for processing and is either pending or approved. 

Additionally, if the H-1B application is filed before the OPT expiration date, the cap-gap relief also extends permission to work until October 1st, if the H1B case is accepted, and either pending or approved. 








Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page








For All Your Immigration and Green Card Application Needs
                                                                 
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com