H-1B Visa and OPT Cap Gap Extension
What is the Cap-Gap?
If you're reading this article on the "Cap-Gap" rule, then it is very likely to be familiar with terms like H1B, F-1, and OPT. If you are familiar with these terms, explanations can be found elsewhere on this site. As a point of clarification, this article has nothing to do with the card processing green. The H-1B is a temporary employment whereas the green card status is a condition of permanent employment.
The "gap CAP" generally refers to the period of time between when their optional practical training (OPT), and ends his H-1B takes effect. In the past it was common for his option expire more than 60 days before 1 October, the date the H1B becomes effective, and therefore left with illegal presence in this period. The "cap" on the limited number of H-1B visa number issued each year, created a "gap" in the state of the potential employee, so we have the term Cap-Gap. The new CAP regulations to correct this deficit.
How does the new regulation help CAP Gap?
This stop gap extension automatically becomes effective when the H-1B has been reached and the student has an H-1B petition filed on his behalf during the period acceptance. This rule does not apply to all F-1 students, only those with F-1 status and OPT work authorization incident to the state, while an H-1B is presented and pending application. For example, if a student opt expires 6/15/09 (EAD expires and your card accordingly), and if the student has a valid H-1B application that has been accepted and is pending USCS, status and work authorization is automatically extended until USCIS makes a decision on the H1B.
What happens to the cap-gap if the USCIS denies the H-1B visa?
If the H-1B application is rejected or denied on the merits, the status and work authorization will terminate on the date of rejection and / or denial. If approved however, the student's status and OPT work authorization is valid until the beginning of next fiscal year, which always begins on 1 October each year.
OPT extended to students in industry High-tech
F-1 academic students who receive science, technology, engineering and mathematics (STEM) degrees and receive an initial grant of post-completion OPT, may apply for an extension of 17 months to a maximum of 29 months post-completion OPT.
What are the eligible grades mother?
To be eligible for OPT extension of 17-month, a student must have received a degree in one of the following fields: Computer Science Applications, Biological Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technology, Physical Science, Biological and Biomedical Sciences, and possibly others.
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Article Source: ArticlesBase.com - H-1b Visa Cap Gap and Opt Extension
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