Dr. William:

What is the recent USCIS policy changes for F-1 Optional Practical Training after completion of study? Can you provide more information and the F-1 visa gap extension for H-1B employment?

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Answer:

The H1B cap year for which one may apply begins on October 1st each year. The filings are accepted six months in advance, on April 1st. If a student completes his or her study or F-1 Optional Practical Training (OPT), she or he is allowed to stay in the U.S. for an additional 60 days. The sixty days are counted after either the date of graduation, or the date the OPT expires (30 days only for J-1s). 

Many students graduate in May and obtain OPT that is valid for one year, from June or July to the following June or July. This leads to the "cap gap" problem when there is no status permitting one to remain in the U.S. until the H-1B start date on October 1st. Previously, these F-1 students have 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.

USCIS has recently issued an important new rule about the OPT and the cap gap extension. This rule automatically extends the student’s F-1 status and work authorization. Under the new rule, the cap gap extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the date the student becomes eligible for the extension, the student’s post-completion OPT is also automatically extended.