CA Immigration Lawyer Believes Cap Gap is Important for F-1 Students

The cap gap extension covers the gap of time between when the F-1 Optional Practical Training (OPT) ends and H-1B temporary worker visa status begins. This is extremely important for students who are beneficiaries of approved or pending H-1B visas, as they are able to stay in the United States with an automatic extension of the F-1 student visa and the OPT authorized employment. Without the cap gap relief, an individual would have to leave the country at the expiration of the F-1 visa and return at the start of the H-1B. Or, if the foreign student remained past the F-1 visa, he or she would fall out of status and would not be able to obtain an H-1B visa. You should contact a California immigration lawyer to ensure this does not happen to you or a potential employee.
 
We believe California employers and companies, as well as potential employees, should consider the following in order to ensure a smooth transition from F-1 OPT status to H-1B status:

• The application for an H-1B must be filed in a timely manner and while H-1B visas are still available
• The H-1B quota is filled quickly, the H-1B cap is usually met within the initial April 1 filing period
• All cap-subject petitions have a start date of October 1
• If granted a cap-gap extension, a student cannot travel outside of the United States and return on F-1 status
• If the H-1B petition is rejected due to shortage of available visas, the OPT cap gap extension is then revoked

There are specific steps to take and paperwork to file in order to proceed smoothly from F-1 OPT status to H-1B visa status. We recommend you speak with the experienced California immigration attorneys at the Law Offices of Vaughan de Kirby to ensure your needs are met in a timely manner. Contact the law office at (415) 221-2345; we are here to answer your questions.