CAP-GAP OVERVIEW

H-1B Visa applications for 2014 are accepted by the USCIS from the 1st of April. There is a 65,000 cap imposed on H-1B annual limit and an additional 20,000 H-1B visas are assigned specially for master’s degree quota. While you are in the United States on an F-1 Visa and applying for an H-1B visa, it is very important to know what CAP GAP is and how this would affect your stay in the United States during your H-1B Visa Process.

What is CAP-GAP?

CAP-GAP is said to be the period between the time when an F-1 student’s visa status and work authorization expire in a particular year, and until September 30th of the same year, when the candidate have filed for an H-1B visa in the current fiscal year.

What is CAP-GAP Extension?

CAP-GAP Extension automatically extends an eligible F-1 student’s status, to bridge the gap between end of the candidate’s OPT (H-1B) Status and Start of H-1B Status (October 1st 2013 for the year 2013), thereby allowing the candidate to continue working in the United States.

CAP-GAP Situations:

• OPT (Optional Practical Training) Expires after you filed for H-1B Visa
• OPT Expired before you file H-1B Visa and you are within 60-day grace period

OPT Expires after you filed for H-1B Visa

If your employer files for H-1B Visa and the application is received by the USCIS prior to your F-1/OPT status expires, you are allowed to continue to work in the United States during the cap-gap period.

OPT Expired before you file H-1B Visa, having 60-day Grace Period

If your employer files for H-1B Visa and the application is received by the USCIS after your F-1/OPT status expires, but during your 60-day grace period following OPT Expiration, you are allowed to stay in the US if you otherwise maintain your F-1 status, but your are not allowed to work until your H-1B visa petition is approved, and you may allowed to work once your H-1B visa petition is approved from the October 1st of the same year.

CAP-GAP Extension

If you have filed for an H-1B Visa and your OPT status has expired after the USCIS received your application, you do not necessarily need to worry about the Cap-Gap extension. It is automatically extended by the USCIS and your SEVIS record is updated allowing you to work in the United States until October 1st 2012.

CAP-GAP Extension Termination

The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition.

CAP-GAP I-20

To get a cap-gap I-20, request one from your university by providing the following details:

• Full Name
• SEVIS number
• Scanned copy of EAD Card
• Scanned copy of I-797 H-1B approval and/or receipt notice, or copy of your H-1B petition filed to the USCIS, which ever applicable.

Travelling out of United Status during CAP-GAP

It is advised NOT to travel outside the United States during cap-gap status. While returning back to the United States, a valid EAD card is required to re-enter during the cap-gap extension, along with passport with valid F-1 status, signed I-20 and employment verification letter from the employer. If your EAD Period is Complete, it is not suggested to travel out of the United States until your H-1B Visa Petition is approved.