帽隙扩大
Each year U.S. Department of Homeland Security releases 65,000 H-1B visas for professionals in “specialty occupations,” and an additional 20,000 H-1B visas for professionals who completed a Master’s degree or higher at a U.S. college or university. Since the annual H-1B “cap” of 85,000 is reached rather quickly, employers must generally submit petitions at the beginning of April to request a visa number for an employee they wish to sponsor. DHS accepts H-1B petitions for the first five business days in April and then, if they have received applications in excess of the cap, they will stop accepting applications and select H-1B visa applicants based on random visa lottery.
If you are an F-1 student graduating in May, it would be common for your F-1 grace period (or your OPT employment authorization) to end over the summer, which is several months before the start of H-1B on October 1.
In order to bridge the gap between the end of your F-1 status and the beginning of your H-1B status, USCIS offers “cap gap” extension. If you are in an authorized period of post-completion OPT (including STEM OPT) at the time your employer submits an H-1B petition on your behalf, your post-completion OPT employment authorization is also automatically extended.
You may be eligible for Cap-Gap extension if you are the beneficiary of an H-1B petition that:
- 您是H-1B申请的受益人，并且是由受限额限制的雇主及时提交的
- 代表您提交的H-1B申请要求更改在美国的身份，并要求在下一个联邦财政年度的10月1日开始工作
- You have 不 violated the terms or conditions of your F-1 status
Cap-gap protection ends if the H-1B petition filed on your behalf is rejected, denied or withdrawn.
签证缺口延长F-1身份
If an H-1B petition was filed on your behalf 后 the end of your OPT (or STEM OPT) employment authorization, but during your authorized F-1 grace period, then your “cap gap” extension would allow you to remain in the U.S. until October 1st, unless your H-1B petition is rejected, denied or withdrawn. However, your OPT in this case would 不 be extended and you must cease employment on or before the day your OPT authorization expires.
请求盖隙延长证明
If your employer has filed an H-1B petition on your behalf and your F-1 status or OPT (or STEM OPT) will expire before October 1st, it will be your responsibility to request an I-20 showing your “cap-gap” extension.
The ISSO does 不 automatically receive 不ification when you have a cap gap extension.
If you present proof of a qualifying “pending” or “approved” H-1B petition field on your behalf, we will be able to prepare a new I-20 issued to reflect your “cap-gap” extension of status, and extension of OPT work authorization (if applicable) until October 1st of the current year.
If an H-1B petition submitted on your behalf is “pending” or “approved” then your cap-gap will last until October 1st of the current year.
If an H-1B petition submitted on your behalf is “filed” or “waitlisted” you may be eligible for more limited cap-gap protection.
- 请与您的雇主联系，索取代表您提交的H-1B申请的收据和/或批准文件副本。
- Examples of acceptable documentation include a copy of the USCIS receipt/approval 不ice (表格i - 797) or a copy of the USCIS “wait list” letter to the employer
- Examples of acceptable documentation include a copy of the USCIS receipt/approval 不ice (表格i - 797) or a copy of the USCIS “wait list” letter to the employer
- Log into the Request Center of the ISSOPortal and select OPT- Cap缺口延长 to answer questions, upload required documentation to request a new Form I-20 showing the period of the extension.
提示! 如果你打算同时申请STEM OPT和H-1B，最好先申请STEM OPT，因为你的工作授权日期会更合适。 咨询您的ISSO顾问，更详细地讨论您的案例选择。
