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  • Cap-Gap Rule for F-1 OPT and H-1B Cap Filer
    26 Apr 2013 - 04:12

    The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap". 

    Cap-Gap occurs because an employer may not file, and USCIS may not accept, an H-1B petition submitted more 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 cap-subject petition is April 1, for the following fiscal year, starting October 1.  If USCIS approves the H-1B petition and the accompanying change of status...

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  • The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap
    30 Jan 2013 - 00:30


    IMMIGRATION INNOVATION (I2) ACT OF 2013

    ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)

    Employment-Based Nonimmigrant H-1B Visas

    1. Increase H-1B cap from 65,000 to 115,000

    2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)

    o If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.

    o If the cap is hit in the first 60 days when petitions may be filed, an additional 15,000 H-1B visas will be made available immediately.

    o If the cap is hit in the first 90 days when petitions may be filed, an additional 10,000 H-1B visas will be made available immediately....

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  • ICE Publishes Fact Sheet On Applying For Drivers License Or State Identification Card
    21 Sep 2011 - 04:52

    ICE fact sheet provides information to designated School officials(DSOs) and responsible officers(ROs) in order to help F, M, or J nonimmigrant visa holders (including both primary and dependent status holders) obtain driver’s licenses or state identification cards.

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  • ICE Announces Expanded List Of STEM Degree Programs
    18 May 2011 - 03:18

    News Releases

    May 12, 2011

     

    WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) published an expanded list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT)...

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  • USCIS Publishes QA on OPT and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations
    13 Apr 2011 - 08:37

    Introduction

    These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

    Questions & Answers

    Q1. What is “Cap-Gap”?
    A1. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period.  This is referred to as filling the “cap-gap,” meaning the reg...

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