Home / Insights / Frequently Asked Questions

Frequently Asked Questions

by | Mar 15, 2014 | FAQ, Immigration

Q. As we approach the FY2015 H-1B filing season, I am asked, how does someone on OPT/EAD ending prior to October 1, 2014 bridge the cap of time between the end of their OPT and the beginning of the cap-subject H-1B status?

A. Current regulations allow for eligible F-1 students to have their OPT/EAD status automatically extended to bridge the “cap-gap” between the end of their F-1 and the start of H-1B status. Eligible students must have a timely filed H-1B petition requesting a change of status while the students’ F-1 status is current.   If the student was in valid OPT/EAD, the student is allowed to continue to work while the change of status is pending.  If the student had entered the 60-day grace period when the H-1B petition is filed, the student will receive the cap-gap extension of time but will not be work authorized.   During this cap-gap period, students must update their DSOs of their H-1B filing status.

If USCIS denies, rejects or revokes the H-1B petition filed on behalf of the F-1 student covered by the cap-gap extension, the student will have a grace period (from the USCIS notification date) before he or she is required to depart the U.S.  For additional information, click here



Get in Touch with Us

This field is for validation purposes and should be left unchanged.


Marks Gray P.A.

Connect with Us