Information for CAP-GAP Extension
Apr. 15, 2013
Is your F-1 Optional Practical Training (OPT) authorization expiring this spring or summer, and are you being sponsored by your company this year for a
change-of-status H-1B visa which will take effect on October 1, 2013?
There is a procedure known as the "cap gap extension" which may enable you to remain in the U.S. and work using your OPT until September 30th. There are two possible provisions:
1) If the end date on your OPT card is April 1st, 2013 or later, AND your employer has filed a change-of-status H1B petition which was received by USCIS
before your OPT end date AND before April 5, 2013, you may be eligible to continue working in the U.S. using your OPT through September 30, 2013.
2) If your OPT expired before April 1st, 2013 or your employer filed an H-1B petition during your 60-day grace period, and the H-1B petition was received at USCIS by April 5, 2013, you are allowed to remain in the U.S. until a decision has been made on your petition, but you are not authorized to work until the H-1B petition is approved and becomes effective on October 1, 2013.
3) If your H-1B visa petition, filed by April 5, 2013, is denied, you would only be able to work until the end date on your current OPT card, at which time
you would have a 60-day grace period to remain in the U.S.
As we receive more information about cap gap procedures for this year, we will post it in the ISSOnews. In order to request a "cap gap" I-20 from the ISSO, please consult the following link:http://www.brandeis.edu/
If you have any questions about the status of your H-1B petition, we strongly advise you to contact your employer and/or the immigration attorney responsible for filing your H-1B petition for guidance.