Immigration

Srinivasa Reddy Kandi: Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

February, 08, 2025-11:55

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Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status:

Each year, numerous foreign nationals who hold F-1 status participate in the H-1B cap lottery. It is essential for those selected to finalize all necessary arrangements and maintain their F-1 status to facilitate a seamless transition to H-1B status. Below is a checklist for F-1 students making this transition:

1) Ensure that your H-1B petition is submitted while you are still on F-1 Optional Practical Training (OPT), if possible. The cap-gap extension can cover the period between the conclusion of the F-1 student’s OPT and the commencement of their cap-subject H-1B employment on October 1. To qualify, (1) the student must maintain valid F-1 status at the time the cap-subject H-1B petition is submitted, (2) the petition must be filed as a change of status request rather than for consular processing, and (3) the petition must indicate an October 1 start date. It is the submission of Form I-129, not the electronic registration (i.e., lottery process), that grants the cap-gap extension. Filing Form I-129 during the student’s OPT extends both F-1 status and work authorization until October 1, while filing during the F-1 grace period only extends F-1 status (not work authorization) until October 1.

2) Be cautious about any international travel during this transition period. Traveling outside the U.S. while the H-1B petition is under review will result in the abandonment of the change of status request by USCIS, thus terminating the cap-gap extension. Additionally, if there are other travel issues when the cap-gap extension was filed during the student’s F-1 grace period, the student will require a new F-1 visa to re-enter the U.S.

3) Adhere to the OPT unemployment limits. F-1 students risk falling out of status if they exceed the allowable days of unemployment while on OPT; this unemployment period continues to accumulate during the cap-gap extension if the H-1B petition was filed while the student was on OPT. If the student is extending the standard 12-month period, it is crucial to monitor this closely.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.