We understand that your F-1 Optional Practical Training (OPT) status will likely expire before October 1, 2014. There has been an allowance permitted by USCIS to extend your OPT “automatically” with the filing of your H-1B petition request to cover the gap between the end of OPT status and the start of H-1B status. Your F-1 OPT status can be extended from its expiry through September 30, 2014 under a “Cap-Gap extension,” as long as an H-1B petition is filed for you prior to the expiration of the EAD. For example, if we file an H-1B that is receipted on April 1, 2014 and your EAD expires on July 7, 2014, you are entitled to continued work authorization through September 30, 2014, on the basis of “Cap-Gap extension” of the EAD. Please be aware of the following important clarifications while in “Cap-Gap” status:
1) To maintain “Cap-Gap” work authorization, no travel out of the country is permitted between the filing of the H-1B and its intended start date. This means staying in the U.S. from late March until October 1, 2014. If you leave during a “Cap-Gap” period, you can only return and work until your EAD expires, at which point you will have no further work authorization until you leave and then reenter on your H-1B visa/approval;
2) You must notify your school, before your EAD expires, that you plan to continue to use your EAD/OPT period. You must show your H-1B filing receipt so the school knows you qualify for “Cap-Gap” status. If you do not notify your school, your SEVIS record may be deactivated by the school and this may result in a “new” H-1B approval (and not a grant of a change of and extension of status, which is what is intended). This may cause you to fall out of status and lose your work authorization. Thus it is important to notify your school;
3) You do not need to file anything with USCIS and no additional fee is required to take advantage of “Cap-Gap” status.
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