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FAQ / How does cap-gap occur?* Under the prior regulation (and unchanged by this rule), an employer may not file, and USCIS may not accept, an H-1B petition submitted earlier 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 petition for consideration under the next fiscal year cap is April 1, for an October 1 employment start date. If that H-1B petition and the accompanying change-of-status request are approved, the earliest date that the student may start the approved H-1B employment is October 1. * Consequently, F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status. |
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FAQWhat if my employer goes out of business or in bankruptcy?Read More » How is the cap-gap situation changed under the interim final rule? Read More » Q. I have moved since filing my 2007 tax return. How will my payment reach me? Read More » What Are Employers Allowed to Ask on a Job Application or in an Interview? Read More » |
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NewsMay 14, 25Florida woman denied Real ID over missing marriage certificate Read More » May 7, 25 Colorado Governor Jared Polis signs bill adding gender marker to death certificates Read More » May 6, 25 Implementation of Real ID acts puts Florida woman without birth certificate in bureaucratic limbo Read More » April 30, 25 US citizen charged with being “unauthorized alien” despite possessing US birth certificate Read More » |