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FAQ / How does cap-gap occur?* Under the prior regulation (and unchanged by this rule), an employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. * As a result, the earliest date that an employer can file an H-1B petition for consideration under the next fiscal year cap is April 1, for an October 1 employment start date. If that H-1B petition and the accompanying change-of-status request are approved, the earliest date that the student may start the approved H-1B employment is October 1. * Consequently, F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status. |
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FAQQ. Can I serve other documents through the diplomatic channel?Read More » What Is CBP? Read More » What do I need to know about purchasing a franchise business? Read More » What does Apostille mean? Read More » |
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NewsJuly 23, 24Florida stops amending gender on birth certificates for transgender individuals Read More » July 19, 24 Nebraska to start issuing death certificate abstracts for pending investigations Read More » July 10, 24 Florida Vital Records hit with Ransomware Attack Read More » July 5, 24 State of Washington issues first digital apostille Read More » |