f-1 opt, h1b & cap gap: all about it
DESCRIPTION
A practical guide on F-1 OPT, change of status to H1B and filling the Cap Gap. VisaPro Law Firm can help you effectively plan and successfully accomplish H1B 2015 cap filings. Visit http://www.VisaPro.com/H1B-CAP and schedule your FREE H1B 2015 filing plan consultation today. We'll talk through your priorities and recommend strategies for H1B 2015 filings based on our attorneys' near 100% success rates.TRANSCRIPT
All About It.
F-1 OPT, H1B and Cap Gap:
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Plotting A Roadmap
To H1B Visa
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1.
What is F-1 Visa?
F-1 Visa allows foreign nationals to
enter the U.S. and pursue education.
A
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Am I eligible to work under F-1 status?
Optional Practical Training (OPT) allows a
foreign student in valid F-1 status to accept
employment in a field directly related to
his/her major field of study. However you
must have completed, or have been pursuing
a degree and maintained F-1 status generally
for at least 9 months or 2 semesters.
B
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How long can I work in USA under OPT?
OPT is usually granted for 12 months but
you can get a 17-month extension if the field
of study is within STEM (science, technology,
engineering, mathematics).
C
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Apply for an
Employment
Authorization
Document (EAD)
before starting
employment.
Note
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How can I work in the U.S. after my
education
and OPT are exhausted?H1B Visa is the ideal non-immigrant visa for
foreign nationals with at least a bachelor's
degree or equivalent. It allows you to work
temporarily in a 'specialty occupation'.
D
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When can my employer file H1B petition?
An employer cannot file an H1B petition more
than six months in advance of the
employment date. Hence, the earliest an
employer can file an FY 2015 H1B cap-subject
petition is April 1, 2014 for employment
starting no sooner than October 1, 2014.
E
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Find out. VisaPro has developed
a FREE Visa Eligibility tool.
Do you qualify for H1B Visa?
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www.visaoptions.visapro.com/Visa-Eligibility.asp
Determine your H1B Visa eligibility today at:
Cost Free. Hassle Free.
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Play By The
New Cap Gap Rules
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2.
What is the H1B Cap?
There is an annual limit, referred as H1B Cap,
on the number of new H1B petitions that can
be approved in a year. The current H1B annual
cap is 65,000. There are an additional 20,000
H1B’s available for those with a U.S. Master’s
degree or higher.
A
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The H1B filing season
begins April 1st each year
allowing employers to file
petitions for foreign
nationals to start work in
the U.S. under H1B status
on October 1st of the
same calendar year.
Note
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Can I use Cap Gap,
i.e. continue working after my OPT
expires? F-1 students whose OPT expires after the H1B
is filed can continue working until September
30. Students with pending or approved H1B
petitions can remain in F-1 status through
October 1 or until the H1B petition is
approved, whichever comes later, regardless
of the fact that their status and/or work
authorization otherwise expired. This is called
“bridging the gap.
B
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How does Cap Gap help me?
After the H1B change of status petition has
been filed, the automatic cap gap extension
will begin and continue until the H1B petition
adjudication process has been completed. If
your H1B petition is approved, your extension
will continue through September 30, 2014.
C
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Who qualifies for a Cap Gap extension?
F-1 students who have H1B petitions timely
filed on their behalf during the H1B
acceptance period, which begins on April 1
2014, qualify for a ‘cap gap’ extension.
D
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Timely filed means that the
H1B petition was filed while
the student's authorized F-1
duration of status (D/S)
admission was still in effect
(including duration of the
academic course of study, any
authorized periods of post-
completion OPT, and the 60-
day departure preparation
period known as the grace
period).
Note
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What if I do not qualify for Cap Gap?
You will need to leave the U.S., apply for an
H1B visa at a consular post abroad, and then
seek readmission in H1B status, for the dates
reflected on the approved H1B petition.
E
If your petition is not
selected, you will have the
60-day grace period from
the date of the rejection
notice or the program end
date, whichever is later, to
prepare for and depart the
U.S.
Note
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Preparing For The Big Day:
F-1 OPT to H-1B Change of Status
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3.
To change status from OPT to H1B
you must find an employer willing to
file an H1B petition on your behalf.
A
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To beat the H1B Cap,
ensure timely filing of
your H1B petition.
Note
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After your employer in the U.S.
timely files an H1B petition on your
behalf you will be granted H1B
status if the H1B petition is
approved.
B
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If you are on F-1 status
and your employer has
filed the H1B petition
as a ‘Change of Status’,
the earliest you may
start the approved H1B
employment is October
1st.
Note
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I Travel Because,
I have to,
I Come Back Because
I Am Under
‘Cap Gap’ Extension
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4.
You may return to the U.S.
and resume employment after
a temporary absence only if you hold
an unexpired EAD issued for post-
completion OPT or are in an approved
course of study.
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If your EAD, covered under
a ‘cap gap’ extension, has expired
and you happen to travel outside the U.S.
you will not be able to return in F-1 status.
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In this case, you will have to apply
for an H1B visa at a U.S. embassy
or consulate abroad. Also, you
cannot enter the U.S. more than 10
days prior to the date mentioned
on the approved H1B petition.
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Summary
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F-1 students in a bachelor's, master's or
doctoral
degree program may apply for work
authorization
(EAD) to engage in temporary
employment or
OPT in a field directly related to their
major area
of study.
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Employers must ensure that the H1B
petitions are
filed while the F-1 student’s authorized
duration
of status is still in effect in order to be
eligible for
cap gap. Call: 1-202-787-1944 or Visit: www.VisaPro.com
Students leaving the U.S. during the ‘cap
gap’
extension may not be able to return to
the U.S.
before the start date mentioned in the
petition
without obtaining an H1B visa at a U.S.
consulate
or embassy.
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Do you have a strategy to file your H1B petition on time?
We are offering a FREE H1B Filing Plan Consultation.
Schedule a free consultation with
VisaPro immigration attorney at:
www.visapro.com/h1b-cap/default.asp
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VisaPro was established in October 2002 with a dream to provide
exceptional U.S. immigration legal services at reasonable costs to
companies and individuals around the globe and today we are
proud to say that we have succeeded.
VisaPro offers services in the following areas:
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“I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism and overall pleasantness made my job much easier. They assisted me every step of the way in applying for an H1B Visa, I could not imagine getting through this process without them. I would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro again”
Beverly Brawer, United States Luggage Company LLC
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