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F1 visa going to expire on OPT

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  • F1 visa going to expire on OPT

    i am currently on OPT and my visa is going to expire next year aug 2014 i will have opt extension from may 2014 onwards , so will there be a problem for OPT extension or H1b filing or even renewing my driving License as they ask for passport even if we go to renew the license and can i get my visa extended ?
    also can i travel to india or get US visa stamped before traveling to india on OPT?
    plz help me.

  • #2
    [LIST][*] Did you refer Cap Gap extension? Section 4.2, 4.3
    Please check-[/LIST]


    • #3
      Read 4.2, 4.3
      4.2. Cap gap
      Many employers file H-1B petitions on behalf of F-1 students after their post-completion OPT expires. By regulation, an employer cannot file and USCIS can not approve an H-1B petition submitted earlier than six months before 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 approved H-1B employment is October 1.
      Consequently, prior to this IFR, F-1 students who were the beneficiaries of approved H-1B petitions, but whose periods of authorized stay (including authorized periods of post-completion OPT and their grace period expired before October 1, had 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.
      The term “cap gap” refers to the period of time between the time an F-1 student’s status would ordinarily end and his or her H-1B status begins. Before publication of this IFR, the cap gap occurred when an F-1 student was the beneficiary of a successful H-1B petition, but his or her F-1 status ended before his or her H-1B status began. The time between the end of the F-1 status and beginning of H-1B employment was referred to as the cap gap. The most common situation occurred when the student’s OPT ended in the spring or early summer, and his or her F-1 status expired 60 days after that, leaving a gap of several months before the individual’s H-1B status began on October 1. Before publication of this IFR, DHS could remedy this problem by publishing a Federal Register notice allowing students to remain in status in order to span the cap gap. However, this remedy was not automatic and did not allow the student to continue OPT during the gap period


      • #4
        4.3. Cap gap extension
        Through this rulemaking, DHS automatically extended the student’s F-1 status and work authorization, the “cap gap extension” – a period in which
        an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the date the student becomes eligible for the extension, the student’s post-completion OPT is also automatically extended.