Wednesday, September 15, 2010

Q & A: F-1 Student Visas Changing Status to H-1B

Question: What is the Cap Gap?

Answer: The cap-gap problem occurs when the student has an approved H-1B visa petition, but his or her OPT period expires between April 1 and October 1. If a student’s status or employment authorization ends between the time an H-1B application is filed and October 1st, the cap-gap rule will fill the “gap” between the student’s work authorization and immigration status.

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