F-1 Student/Optional Practical Training Visas Extended To Cover H-1B Visa Cap Gap
April 8, 2010 - The USCIS has issued a memorandum that provides guidance on the handling of F-1 Students or OPT visa holders whose authorized period of stay expires before they are able to change to the H-1B visa status starting October 1. The Cap Gap occurs when a student visa and/or OPT visa expires before October 1, when the F-1 Student may begin an H-1B stay. Normally, those with such a gap would have to leave the United States during the period after their visa expires and return October 1 with an H-1B visa.
This memorandum provides some guidelines to avoid such. Students with expiring F-1/OPT visas who have applied for H-1B visa may have the gap "bridged" and not have to leave the country during the gap period. Affected F-1 Students/OPT visa holders may do so by obtaining an endorsement of the I-20 from their school which permits their student status to be extended until October 1 when the H-1B status takes effect. This memorandum provides guidelines for obtaining the cap gap coverage.
