A reminder on the Cap Gap rule for H-1B applicants filing in the FY 2018 quota.
What is the Cap Gap?
The period of time when an F-1 student’s status and work authorization expire before the start date of their approved H-1B employment period is known as the “Cap-Gap”.
Cap-Gap occurs because an employer may not file an H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training.
As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1, 2017, for the following fiscal year, starting October 1, 2017.
If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1, 2017.
Cap-Gap Extensions
Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the cap-gap period.
This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.
If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.
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Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit