H1B Cap Gap Extension
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The H1-B Visa gap extension allows employers in the US to hire foreign workers from across the world in speciality occupations. Managed by the United States Citizenship and Immigration Services Department (USCIS), it is sponsored by the employer. There is a limit on the number of H-1Bs which are issued by the home department every year and this limit is known as the 'H-1B cap'. Generally, students transit from OPT (Optional Practical Training), part of F-1 status, to H-1B status.
The new H-1Bs become effective every year from October 1 but the application period for a majority of the employers starts six months early on April 1. The ‘H-1B cap gap’ occurs when a student’s F-1 status or OPT expires before their approved H-1B begins on October 1 while studying in USA.
What is H1-B Cap Gap Extension?
Since a lot of international students complete their program of study in the middle of spring or late summer, the applicants only had 60 days in hand to take the necessary steps to maintain their legal status in the USA. Usually, the H1-B status did not begin before October 1, hence this 60-day period usually fell short for applicants to apply for an F-1 visa extension and stay in the country legally. Thus, to cater to this very problem, USCIS introduced an H1-B cap gap extension.
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Cap means the number of selections that are made for an H1-B visa and the gap refers to the period between the end of F-1 visa status and the beginning of H1-B visa status. Students whose H1-B petitions are pending or approved can stay in the US in F-1 status under the H1-B Cap Gap Extension until the start date of their approved H1-B job period. They are allowed to stay in this status even if their OPT authorization or the H-1B visa grace period for F-1 expires before October 1.
Also, Read: Gap Certificate for Studying Abroad
Who is Eligible for H1-B Cap Gap Extension?
The following F-1 status students are eligible to apply for an H1-B cap gap extension in the USA:
- In case your employer has filed for an H-1B petition for you on or after April 1 and requests for a status change to H-1B from October 1.
- The applicant is maintaining his or her F-1 visa status while the employer files for an H1-B visa.
- Also, the applicant should be in an authorised period of STEM OPT extension when the employer is filing for an H1-B visa for the applicant.
- In case you still come under OPT authorization or a 60-day grace period after the expiration of your OPT while your employer has submitted the H-1B petition for you.
Candidates’ OPT authorization is extended if their employer has submitted their H-1B petition to U.S. Citizenship and Immigration Services (USCIS). Meanwhile, students can continue with their work in the US under F-1 status until its extension date.
Your F-1 status is extended, if your authorization is expired but you come under a 60-day grace period and your employer has submitted your H-1B petition to USCIS. In this case, you can stay in the US through the extension date but cannot work.
Extension Dates for H1-B Cap Gap
The length of the H1-B extension depends on different phases of the H-1B petition:
Filed: If the H-1B petition is filled properly but not approved or receipted by the concerned authority then your OPT authorization is extended to June 1. Your F-1 status will be extended to June 1 if the OPT authorization expires during your 60-day grace period at the time of your filing.
Approved: Once you receive your H-1B petition approval the OPT authorization will be extended to September 30. You will receive an extension of your F-1 status till September 30 if the OPT authorization expires during your 60-day grace period at the time of your filing.
Selected for receipting: Once your H-1B petition is in the receipting stage, the OPT authorization will automatically be extended to September 30. You will receive an extension of your F-1 status till September 30 if the OPT authorization expires during your 60-day grace period at the time of your filing.
H1-B Grace Period Extension
For those already holding an H1-B visa, there is a provision to extend their visas. The H1-B grace period extension is an automatic process of extending the visa by another 240 days if,
- ISSO has filed the H1-B request with USICS and,
- When USCIS receives the I-797c Notice of Receipt.
The H1-B visa validity period stretches out between three years to six years. Thus, if the applicants wish to extend their stay, they must do so by requesting an extension. The H1-B extension status can be updated within eight months since these processes are lengthy, amidst this, the applicants can still work legally in the US on the H1-B's grace period extension of 240 days.
H1-B Extension Documents
Applicants who request a grace period extension on an H1-B visa will require the following documents.
- Passport's biological page
- Latest CV
- I-94 form
- H1-B visa stamp
- Green card-related documents
- Medical license
Please note: Applicants who want to go for H1-B visa renewal can only get three years of extension based on the application filed by the employer, till then they can work for 240 days in the USA on a grace period.
How to Apply for H1-B Visa in USA?
When the employer submits the H-1B petition to USCIS on your behalf, your cap-gap extension of F-1 status starts.
Follow these steps to get the documentation for the F-1 status extension:
First of all, check the SEVP Portal, and submit the OPT Reporting Form if required. Make sure your employment information in SEVIS is up-to-date.
Accumulate all the documents required to upload to the ISS Cap Gap I-20 Request webform. The documents required depend on the status of your H-1B petition.
If the applicant’s H-1B petition is:
Filed: scan or copy of the petition or a copy of the UPS, FedEx, or USPS Express/certified mail receipt.
(If the applicant’s regular OPT authorization is valid from June 1, you need not request for a new I-20 based on H-1B filing. You need to wait for the receipt or approval notice.)
Approved: copy/ scan of the I-797 Notice of Action (Approval Notice)
Selected for receipting: photo/scan of the I-797 Notice of Action (Receipt Notice)
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H-1B Cap Gap Extension FAQs
Q. Who is eligible for H-1B extension?
A. To be eligible for an H-1B extension, applicants must:
- Have a valid H-1B status
- Should remain employed in a specialised occupation
- Ideally initiate the extension process minimum six months before current authorization expiration
Q. What is H1B cap gap extension?
A. The H-1B cap gap extension is a provision allowing F-1 students to stay in the U.S. between the end of their F-1 status and the start of their H-1B status. The gap occurs because new H-1B visas become effective on October 1st of each year. While applications are accepted in the month of March each year.
Q. What is the difference between H-1B and H-1B cap?
A. H1B is a non-immigrant visa required for permanent residency in the USA, while H-1B cap is a limit, limit for the number of H-1B applications. A fiscal year begins on October 1 and ends on September 30 of the following year.
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