In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period.
Cap gap grace period.
The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s.
If the h1b petition is filed during the opt sixty day grace period the cap gap benefit will extend the student s grace period but will not permit employment.
More information on cap gap benefits is available in the murthydotcom newsbrief opt cap gap extensions 18 mar 2019.
In such cases the f 1 student is ineligible for cap gap extension of status and the 60 day grace period.
If an employer files an h 1b petition with an october 1 start date while you are in your 60 day grace period you will receive a cap gap extension of your f 1 status but will not be authorized to work until uscis approves the h 1b petition and the h 1b status begins on october 1.
In f 1 status until the start date of their approved h 1b employment period even if the opt authorization and or f 1 grace period would have otherwise expired before october 1.
The 60 day grace period does not apply to an f 1 student whose accompanying change of status request is denied due to a status violation misrepresentation or fraud.
You will then have the standard 60 day grace period from the cap gap end date of sept 30 to 1 depart the u s 2 apply for an i 20 transfer or 3 to work with your employer and immigration legal counsel regarding your current h 1b change of status and options to remain in the u s.
In f 1 status until the start date of their approved h 1b employment period even if the opt authorization and or f 1 grace period would have otherwise expired before october 1.
Similarly the 60 day grace period and cap gap extension of status does not apply to an f 1 student whose petition was revoked based on a finding of a status violation fraud or misrepresentation discovered following approval.
Student s status ends between april 1 and september 30 including any applicable grace period.
The gap is the period between the end of an individual s f 1 status and the beginning of the individual s h 1b status.
A petition asking for consular processing is not eligible for a cap gap extension.
The h 1b cap gap extension allows certain students with pending or approved h 1b petitions to remain in the u s.
The cap gap extension allows for some f 1 students to extend their f 1 status and or authorized period of post completion opt until they transition to the h 1b status on oct.
If conditions 1 4 above are true but the h 1b petition was filed in the 60 day grace period following the end of your opt you are not eligible for the cap gap extension of employment eligibility.
H 1b petition asks for an october 1 start date.
