Update on F-1s and H-1B CAP Gap
May 21st, 2009 by Brian D. Zuccaro
Our office has received inquiries about this year’s H-1B cap filings and related cap gap provisions for F-1 individuals working on Optional Practical Training (OPT).
Under cap gap provisions, an F-1 individual’s status and OPT work permission are automatically extended when an H-1B petition is properly and timely filed requesting change of status from F-1 to H-1B. The cap gap extension period is important for those whose OPT work permission (EAD card) expires prior to October 1, 2009.
In order to qualify for cap gap provisions, the individual must be the beneficiary of an H-1B petition that:
- Was timely filed (Please note that the H-1B cap has not been hit as of May 21, 2009);
- Requests a start date of October 1, 2009 or later;
- Requests a change of status from F-1 to H-1B.
The F-1 individual’s Designated School Official (DSO) is not required to contact students or independently update any I-20 paperwork. Each F-1 individual affected by these cap gap provisions should contact his or her DSO and request an updated I-20 showing the extension.
