F-1 Cap Gap and H-1B Issues

F-1 cap gap issues cause a lot of confusion, but here is a quick guide to help you all you need are clear answers. I posted a similar blog entry last year. The full guidance from USCIS can be found here:

Can an F-1 student file an H-1B petition during the so-called grace period or 60 days after their I-20 or OPT expires? Yes.

Do the cap gap protections extend to someone who requested consular processing on their I-129? No.

Does the 90 day limitation on unemployment still apply during an OPT extension granted from a cap gap application? Yes.

Can an F-1 student travel while on the automatic cap gap employment extension and return as an F-1 student? No.

While these quick tips are meant to provide a few quick answers, it’s always best to have your situation analyzed by the business immigration attorneys at Romben Law, APC. Our attorneys have the experience you need, and are often requested by llocal and national bar associations to provide training courses to other attorneys. Call today for a consultation. —ecf