Student to H1b

Student to H1b

F1 to H1b – Cap Gap

Each year, F-1 students seek to switch nonimmigrant classification from F-1 student status to H1b work Visa after completing a program of study or post-completion optional practical training (OPT). Cap Gap allows some F-1 students to be eligible for an F-1 status extension authorized period of post-completion OPT.

General Eligibility: If a F1 Status of student is expiring(OPT is expiring, or 60 days grace period is expiring) after filing H1b petition( normally April, 1 ) but before start of employment date which could be normally Oct 1), such gap in status is pardoned for student and student is considered to be on valid status till- if H1b Petition, denied, till outcome of petition, and if approved, till October 1, when new h1b Visa Status is granted.

Student may be eligible for an extension of your F-1 status through September 30 if they meet the following requirements:

  • Your potential employer files an H-1B petition in a timely manner with USCIS with an employment start date of October 1
  • You are maintaining your F-1 status on the date your potential employer files your H-1B petition
  • USCIS receives the H-1B petition in a timely manner

You( Student ) may be eligible for an extension of your F-1 status and authorized period of post-completion OPT (including the STEM OPT extension) in the following circumstances:

  • Your employer files an H-1B petition in a timely manner with USCIS with an employment start date of October 1
  • You are maintaining your F-1 status on the date your potential employer files your H-1B petition
  • You are in an authorized period of post-completion OPT (including the STEM OPT extension) on the date your potential employer files your H-1B petition
  • USCIS receives the H-1B petition in a timely manner

While you are generally eligible for a cap gap extension if you meet the above qualifications, your individual case may be different. You should always talk with your designated school official about whether you would qualify for a cap gap extension of your F-1 status and, if applicable, your work authorization. Additionally, you should maintain regular contact with your potential employer to receive updates on the status of your H-1B petition should they file one for you.