If your H-1B petition was approved and you are currently working for your future H-1B U.S. employer on an F-1 OPT status, you are in a cap-gap status.
Khadija DerrickJuly 13, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Jenny ZhanFebruary 22, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Jenny ZhanFebruary 22, 2021
The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…
Jenny ZhanFebruary 22, 2021
Immigration and Nationality Act states that an H-1B Beneficiary who wants to qualify under the “Master’s Cap” had to earn “a Master's or higher degree from a United States institution of higher education.” The question then arises: What is an…
Jenny ZhanFebruary 19, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Jenny ZhanFebruary 19, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Vojo VrchakovskiFebruary 15, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Vojo VrchakovskiFebruary 15, 2021
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Vojo VrchakovskiFebruary 15, 2021
The United States Citizenship and Immigration Services (USCIS) have announced on May 15, 2018 that it has completed data entry for all FY 2019 H-1B cap-subject petitions. This year, a total of 190,098 H-1B cap petitions were received, of this,…
Jenny ZhanMay 15, 2018
The United States Citizenship and Immigration Services (USCIS) have released Fiscal Year 2019 H-1B application numbers. This year, a total of 190,098 H-1B cap petitions were received, of this, 95,885 were submitted towards the cap exemption of 20,000 for holders…
Jenny ZhanApril 13, 2018
The United States Citizenship and Immigration Services (USCIS) announced today that it has completed the two lotteries to choose the H-1B applications that will be processed this fiscal year. In total, USCIS received 190,098 H-1B cap petitions between April 2…
Jenny ZhanApril 12, 2018
The United States Immigration and Citizenship Services (USCIS) has announced on April 6, 2018 that the H-1B cap has been reached before the April 7, 2018 deadline. As such, the agency will reject any cap subject petitions received after April…
Jenny ZhanApril 6, 2018
If you are an F-1 student and an H-1B cap petition to change status to H-1B has been filed on your behalf, traveling internationally could impact your ability to change status and reenter the United States. It is very important…
Jenny ZhanMarch 29, 2018
The United States Citizenship and Immigration Service (USCIS) announced on March 20, 2018 that, starting from April 2, 2018, premium processing for all fiscal year 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree…
Jenny ZhanMarch 22, 2018
In a new policy memorandum issued on February 16, 2018, USCIS will no longer accept an employer’s applications or petitions if they are signed by outside counsel under power of attorney. Filings made on behalf of a corporation or other…
Jenny ZhanMarch 5, 2018
The United States Citizenship and Immigration Services (USCIS) may impose a short suspension of the 15-day premium processing service for FY 2019 H-1B cap filings. The suspension and amount of time premium processing may be suspended for is currently unclear.…
Jenny ZhanJanuary 30, 2018
USCIS has now resumed premium processing for all H-1B visa petitions. Prior to the start of the H-1B season this year, USCIS announced that they would halt the premium processing service for H-1B petition which normally allows for an adjudication…
IanScottOctober 9, 2017
On September 27, 2017 USCIS stated that it plans to resume premium processing for all H-1B petitions on or before October 3, 2017. There has not been a formal announcement as of yet, however, as this statement was issued during…
IanScottSeptember 27, 2017
With the sun setting fast on Fiscal Year 2017 at the end of this month, USCIS announced on Monday, September 18 that Premium Processing will once again be available for all pending petitions subject to the 65,000 annual cap. In…
IanScottSeptember 20, 2017
The Immigration and Nationality Act of 1952 created the H nonimmigrant classification, which includes several visa classifications for temporary workers and trainees. The H1B visa permits a company to hire a foreign national in specialty occupations. In order to qualify…
IanScottAugust 22, 2017
What are an employer’s obligations when H-1B employment starts? The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that…
IanScottAugust 14, 2017
“Cap Gap” is the government’s solution to a problem that many F-1 students on Optional Practical Training (OPT) who had successfully filed an H-1B petition faced: many OPT periods end in the early summer, and even with the provision of…
IanScottJune 16, 2017
The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. A specialty…
IanScottMay 13, 2017
