H-1B Cap-Gap Is a lifesaver for Many - PART II

June 7, 2010 - PRLog -- Q: Do the limits on unemployment time apply to students who happen to be granted an automatic cap-gap extension for F-1 status and post-completion OPT?
A: Yes. The 90-day limitation upon unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.
Q: In case the student is actually granted the automatic cap-gap extension associated with F-1 status and post-completion OPT, and his or her Specialty Occupation Worker petition is denied or even withdrawn, may persons studying apply for a STEM OPT extension?
A: Yes. However, such an application must possibly be made within 10 days regarding the denial and also withdrawal.
Q: For Fiscal Year 2010, due to the availability regarding H-1Bs, not all employers requested an October 1 start date. However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B job might not begin until a later date. Just what should really students do in order to correct this?
A. A student ought to contact their DSO. The DSO may request a data fix in SEVIS by contacting the SEVIS help desk. A student may continue to be able to work past October 1st upon their OPT (their EAD card could nonetheless show the original end date) if your request in order to change the end date back is actually pending with the SEVIS Desk.
Q. An F-1 student whose period regarding post-completion OPT could extend beyond the effective date of his or her change regarding status to H-1B Specialty Occupation Worker Petition will not need the automatic cap-gap extension associated with his or even her period of F-1 status and OPT. When the H-1B employer regarding such a student withdraws the H-1B Specialty Petition petition ahead of the change associated with status to be able to H-1B Specialty Petition becomes effective, could a student continue in order to use any staying period associated with post-completion OPT?
A. Yes, though merely if USCIS will get the withdrawal request coming from the Specialty Worker Petition petitioner ahead of the change associated with status to H-1B Specialty Petition becomes effective. Once the petition is actually withdrawn, a student ought to provide his or even her DSO with a copy regarding the USCIS acknowledgement of withdrawal (as well as notice of revocation). The DSO may then make a request in order to the SEVIS Assist Desk for a data fix to be able to the student’s record in SEVIS. Such students may continue to work pursuant to their unused period of OPT as the data fix remains pending because students might still be in good F-1 status.
If, however, USCIS does not receive the withdrawal request ahead of the change associated with status to be able to H-1B Specialty Occupation Worker Petition becomes effective, a student have to file a Form I-539 to request reinstatement and might not exactly work or attend classes until the reinstatement is approved.
Q. Are students considered to be able to possibly be in valid F-1 status right after revocation regarding the H1B petition has occurred, yet in terms of request to change the OPT end date remains pending? A. Possibly. If the H-1B Visa Petition employer revokes the H-1B Specialty Petition petition prior to October 1 and the student’s original OPT end date extends beyond the date of revocation, persons studying remains in legitimate F-1 status and may continue to work pursuant to be able to the EAD received for OPT.
Should the student’s original OPT end date expires before revocation associated with the Specialty Occupation Worker petition has occurred, the student retains work authorization to get a 10-day period following the date of revocation and enters the 60-day grace period upon the date of revocation.
Persons studying who benefit from the auto cap-gap provision in which isn’t going to include an extension of OPT remains in logical F-1 status and enters into the 60-day grace period about the date regarding revocation.
Each associated with the scenarios above are generally based upon the assumption that will students has maintained F-1 status up until the date associated with revocation.

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