What if H-1B petition is still pending after October 1st cap-gap opt?

If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

Can cap-gap be extended?

Cap-Gap Extension Eligibility F-1 students automatically receive an extension of their authorized period-of-stay or employment authorization if they are the beneficiary of a timely filed H-1B petition requesting a change of status with a start date of October 1.

Can I apply for change of status during grace period?

Change of nonimmigrant status The 60-day grace period following completion of a course of study can also be used to apply for a change of status. As with any change of status, however, the requested start date of the new status being requested must be no later than the end of the F-1 student’s 60-day grace period.

How long can I stay in US after OPT expires?

60-day
You are allowed a 60-day grace period following your OPT expiration date to leave the United States, change your visa status, or transfer your F-1 record to a new school or program. In some cases, you may want to pursue these options before the end of your OPT.

Can I work during H-1B cap-gap?

Your post-completion OPT is automatically extended, whether you apply for the Cap-Gap extension I-20 or not. Therefore, you are allowed to continue working with your employer while the Cap-Gap extension data fix is pending.

Can I work during cap-gap?

The cap-gap extension of OPT is automatic for eligible students. A student does not file an application for the extension or receive a new Employment Authorization Document (EAD) to cover the additional time. In such situations, the student can continue to work while the update to their Form I-20 is being processed.

Can I apply for H1B while on OPT?

F1 students can also apply for H1B visa after graduation or during OPT.

Can I apply for H1B during OPT grace period?

If your OPT expires, but you are in a valid 60-day grace period on April 1st, your employer can still file an H-1B petition on your behalf and you can legally stay in the U.S. (extension of duration of status) until you receive official notification about the status of your case from USCIS, but you are not eligible to …

Can I work during 60-day grace period?

However, the 60-day grace period rule will keep you under a valid status for the time being. This means the H-4 visa also remains valid and the holder can continue working for those 60 days. If the grace period is denied, the H-4 status also comes to an end.

Can we work in Cap Gap?

How long does it take to get opt Card 2021?

According to the USCIS, the processing period for an OPT EAD card could last up to 30 days from the time of acceptance. Nevertheless, a majority of cards arrive within 7–10 days. An OPT application is expected to take 90–120 days in total.

What is the cap gap between F1 and H1b?

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 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. 1.

When does the H-1B cap-gap extension of status end?

If the student’s H-1B petition is approved (or selected and approved if the registration requirement is suspended), the student’s cap-gap extension of status will continue through Sept. 30.

What is the cap gap extension for F-1 students?

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. 1. This means an F-1 student filing for H1-B status on April 1 with a benefit start date of Oct. 1 may qualify for an extension of status and/or employment authorization.

How do I extend my opt status for the cap gap?

Obtain an updated Form I-20 from your DSO when the Cap Gap extension begins with a note indicating that your F-1 status and, if applicable, your OPT authorization will continue, typically until Sept. 30.