F-1 OPT, H1B & CAP GAP: All About It

All About It.

F-1 OPT, H1B and Cap Gap:

Call: 1-202-787-1944 or Visit: www.VisaPro.com

Plotting A Roadmap

To H1B Visa


1.

What is F-1 Visa?

F-1 Visa allows foreign nationals to

enter the U.S. and pursue education.

A


Am I eligible to work under F-1 status?

Optional Practical Training (OPT) allows a

foreign student in valid F-1 status to accept

employment in a field directly related to

his/her major field of study. However you

must have completed, or have been pursuing

a degree and maintained F-1 status generally

for at least 9 months or 2 semesters.

B


How long can I work in USA under OPT?

OPT is usually granted for 12 months but

you can get a 17-month extension if the field

of study is within STEM (science, technology,

engineering, mathematics).

C


Apply for an

Employment

Authorization

Document (EAD)

before starting

employment.

Note


How can I work in the U.S. after my

education

and OPT are exhausted?H1B Visa is the ideal non-immigrant visa for

foreign nationals with at least a bachelor's

degree or equivalent. It allows you to work

temporarily in a 'specialty occupation'.

D


When can my employer file H1B petition?

An employer cannot file an H1B petition more

than six months in advance of the

employment date. Hence, the earliest an

employer can file an FY 2015 H1B cap-subject

petition is April 1, 2014 for employment

starting no sooner than October 1, 2014.

E


Find out. VisaPro has developed

a FREE Visa Eligibility tool.

Do you qualify for H1B Visa?


www.visaoptions.visapro.com/Visa-Eligibility.asp

Determine your H1B Visa eligibility today at:

Cost Free. Hassle Free.


Play By The

New Cap Gap Rules


2.

What is the H1B Cap?

There is an annual limit, referred as H1B Cap,

on the number of new H1B petitions that can

be approved in a year. The current H1B annual

cap is 65,000. There are an additional 20,000

H1B’s available for those with a U.S. Master’s

degree or higher.

A


The H1B filing season

begins April 1st each year

allowing employers to file

petitions for foreign

nationals to start work in

the U.S. under H1B status

on October 1st of the

same calendar year.

Note


Can I use Cap Gap,

i.e. continue working after my OPT

expires? F-1 students whose OPT expires after the H1B

is filed can continue working until September

30. Students with pending or approved H1B

petitions can remain in F-1 status through

October 1 or until the H1B petition is

approved, whichever comes later, regardless

of the fact that their status and/or work

authorization otherwise expired. This is called

“bridging the gap.

B


How does Cap Gap help me?

After the H1B change of status petition has

been filed, the automatic cap gap extension

will begin and continue until the H1B petition

adjudication process has been completed. If

your H1B petition is approved, your extension

will continue through September 30, 2014.

C


Who qualifies for a Cap Gap extension?

F-1 students who have H1B petitions timely

filed on their behalf during the H1B

acceptance period, which begins on April 1

2014, qualify for a ‘cap gap’ extension.

D


Timely filed means that the

H1B petition was filed while

the student's authorized F-1

duration of status (D/S)

admission was still in effect

(including duration of the

academic course of study, any

authorized periods of post-

completion OPT, and the 60-

day departure preparation

period known as the grace

period).

Note



What if I do not qualify for Cap Gap?

You will need to leave the U.S., apply for an

H1B visa at a consular post abroad, and then

seek readmission in H1B status, for the dates

reflected on the approved H1B petition.

E

If your petition is not

selected, you will have the

60-day grace period from

the date of the rejection

notice or the program end

date, whichever is later, to

prepare for and depart the

U.S.

Note


Preparing For The Big Day:

F-1 OPT to H-1B Change of Status


3.

To change status from OPT to H1B

you must find an employer willing to

file an H1B petition on your behalf.

A


To beat the H1B Cap,

ensure timely filing of

your H1B petition.

Note


After your employer in the U.S.

timely files an H1B petition on your

behalf you will be granted H1B

status if the H1B petition is

approved.

B


If you are on F-1 status

and your employer has

filed the H1B petition

as a ‘Change of Status’,

the earliest you may

start the approved H1B

employment is October

1st.

Note


I Travel Because,

I have to,

I Come Back Because

I Am Under

‘Cap Gap’ Extension


4.

You may return to the U.S.

and resume employment after

a temporary absence only if you hold

an unexpired EAD issued for post-

completion OPT or are in an approved

course of study.


If your EAD, covered under

a ‘cap gap’ extension, has expired

and you happen to travel outside the U.S.

you will not be able to return in F-1 status.


In this case, you will have to apply

for an H1B visa at a U.S. embassy

or consulate abroad. Also, you

cannot enter the U.S. more than 10

days prior to the date mentioned

on the approved H1B petition.


Summary


F-1 students in a bachelor's, master's or

doctoral

degree program may apply for work

authorization

(EAD) to engage in temporary

employment or

OPT in a field directly related to their

major area

of study.


Employers must ensure that the H1B

petitions are

filed while the F-1 student’s authorized

duration

of status is still in effect in order to be

eligible for

cap gap. Call: 1-202-787-1944 or Visit: www.VisaPro.com

Students leaving the U.S. during the ‘cap

gap’

extension may not be able to return to

the U.S.

before the start date mentioned in the

petition

without obtaining an H1B visa at a U.S.

consulate

or embassy.


Do you have a strategy to file your H1B petition on time?

We are offering a FREE H1B Filing Plan Consultation.

Schedule a free consultation with

VisaPro immigration attorney at:

www.visapro.com/h1b-cap/default.asp


VisaPro was established in October 2002 with a dream to provide

exceptional U.S. immigration legal services at reasonable costs to

companies and individuals around the globe and today we are

proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Green Cards

Employer Immigration Compliance

About VisaPro


Contact Us

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Suite 1000Washington, DC 2003

6

New York

520 White Plains Road Suite 500

Tarrytown, NY 10591

1100 S Hope St.Suite 103

Los Angeles, CA 90015

Los Angeles

“I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism and overall pleasantness made my job much easier. They assisted me every step of the way in applying for an H1B Visa, I could not imagine getting through this process without them. I would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro again”

Beverly Brawer, United States Luggage Company LLC


Date post:	01-Feb-2015
Category:	Business
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F-1 OPT, H1B & CAP GAP: All About It

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