![]() ![]() 30 if you meet the following requirements: Additionally, always maintain regular contact with your potential employer to receive updates on the status of your H-1B petition, should they file one for you.Īs an F-1 student, you may be eligible for an extension of your F-1 status through Sept. The general eligibility requirements for the cap gap extension are listed below, but please understand that your individual case may be different and you should always talk with your designated school official (DSO) about whether you would qualify for a cap gap extension. ![]() 1 may qualify for an extension of status and/or employment authorization. This means an F-1 student filing for H1-B status on April 1 with a benefit start date of Oct. 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. ![]() 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. The cap refers to the limit on the number of individuals who can receive H-1B status every fiscal year. Department of Homeland Security established regulations that automatically extend F-1 status and, if applicable, post-completion OPT employment authorization from April 1 to Sept. consulate or embassy, and then seek readmission to the United States. Prior to 2008, in these instances, an F-1 student would have to leave the United States or apply for H-1B status at a U.S. 1, an F-1 student previously had two or more months following the 60-day period with no legal status. However, because the change to H-1B status does not occur until Oct. Per federal regulations, after completing their program or post-completion OPT, F-1 students have only 60 days to take the steps necessary to maintain legal status or depart the United States. Many F-1 students complete a program of study or post-completion OPT in mid-spring or early summer. For more information on H-1B status eligibility, visit USCIS’s H-1B Eligibility Criteria page. If you are an M-1 student, your prospective employer may petition H-1B status on your behalf if your employment does not relate to your M-1 program of study. An F-1 student’s current or prospective employer may petition USCIS for H-1B status on their behalf by filing Form I-129, “Petition for a Nonimmigrant Worker.” International students and H1B StatusĮach year, some F-1 students seek to switch nonimmigrant classification from F-1 student status to H-1B temporary employment status after completing a program of study or postcompletion optional practical training (OPT). This means that once USCIS reaches the cap in one fiscal year, employers must wait until April 1, which is six months before the start of the next fiscal year, before filing H-1B petitions again. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. For more information on the H-1B cap, visit USCIS’s H-1B Fiscal Year (FY) 2018 Cap Season page. For purposes of the cap, each fiscal year begins on Oct. There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. An employer may petition United States Citizenship and Immigration Services (USCIS) for H-1B status on behalf of an employee/prospective employee if the candidate holds “theoretical or technical expertise in specialized fields." USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. ![]() The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. H-1B Status and Cap Gap Extension Guide H-1B Cap Gap Applying for Social Security Number (SSN).Interfaith Holidays Calendar (AY 2022-2023).International Student Association Calendar.Request for Special Student Relief (SSR).Employment Based on Severe Economic Hardship.Working in the United States as an F-1 Student.International Student Academic Integrity Contract.International Students & Global Scholars Services. ![]()
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