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 Fong & Aquino. 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