FAQ: Student Options for Status Extension While Waiting on an H-1B

Q. How do I remain in status if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf that does not become effective until October 1?

A. Most likely the student will need to apply for a cap-gap extension I-20. This is based on aregulatory provision which extends an eligible F-1 students status to bridge the gap between the end of F-1 status and start of H-1B status on October 1, 2014.

This provision will allow the student to remain in the US during the “gap” and is available to students who, as of April 1, 2014 were on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1, 2014 H-1B petition pending with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period. Click here  to read more.