Brooklyn, MD asked in Immigration Law for District of Columbia

Q: What are the eligibility requirements for H1-B cap gap?

I am currently working with a non-profit organization in D.C. on my STEM OPT. My OPT runs out in February and the organization has agreed to sponsor my H1-B. I primarily work in their research division. We missed the the April deadline. Are we eligible for the H1-B cap gap.

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1 Lawyer Answer
Karina Garcia Herhusky
Karina Garcia Herhusky
PREMIUM
Answered
  • Immigration Law Lawyer
  • Cary, NC

A: A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October 1st, when a new batch of H1-Bs become available. Employers can file for an H1-B up to 6 months before April 1(the new fiscal year), to add their application to the list of applications waiting for October 1st. The cap does not apply to all H1-Bs, if you are employed by a qualifying institution, you may be exempt from the cap. In your case, since you are employed by a non-profit research organization, you will have to check with the organization, or their legal counsel.

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