Hi Giovanna,

 

I hope all is well! If your employer files the H1-B application (change of status, employment start date of October 1^st) and it is receipted by USCIS while you are still on active post-completion OPT, then a cap-gap extension through September 30th is automatically entered in SEVIS which extends your eligibility to remain in the United States in valid F-1 status and your work authorization. You may request an updated Form I-20 reflecting the cap-gap extension by completing the OPT and STEM OPT Reporting for Students in F-1 Status. However, if it is not filed/receipted while you are on active post-completion OPT, the situation becomes a bit more complicated.

 

You do not need a valid F-1 visa to remain in the United States, just the valid Form I-20, so as long as the cap-gap extension is entered, you may remain in the U.S. even if the visa in your passport has expired.

Regarding traveling while on the cap-gap, it depends on the status of your H1-B application, generally, it?s not advisable, especially since your F-1 visa will be expired. You should discuss with your immigration attorney before you travel. If you travel before USCIS approves your H-1B, the petition will be considered abandoned. You may travel abroad and seek readmission into the United States if you are an F-1 student on the cap gap extension and meet the following criteria:

• Your H-1B petition and request for change of status has been approved by USCIS.
• You seek readmission before your H-1B employment begins (normally such employment begins at the start of the fiscal year, i.e., Oct. 1). Y
• You are otherwise admissible (e.g., you have all proper documentation including a valid, signed Form I-20 and an F-1 visa).

Finally, there is no F-1 extension due to COVID. Can you please explain what you mean in this case?

Best,

 

Vanessa Cornwall

Assistant Director

International Student and Scholar Services (ISSS)

305.284.6793

vxc384@miami.edu

www.isss.miami.edu

 

 

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