OPT Cap-Gap Extension 과 H1B cap-exempt

  • #3462580
    감사합니다! 137.***.253.8 525

    안녕하세요,
    아무리 찾아봐도 정확한 정보인지 확신이 들지 않아서 여기에 질문을 올립니다. OPT cap-gap extension을 EAD 가 만료되는 7월 중순전에 신청할까 고민중인데 이것이 H1B cap-exempt 아카데미아로 가는 사람들에게는 사용할 수 없는 옵션인건가요? H1B cap-subject petition에만 해당되는 거 같기도 해서 여쭤봅니다. 감사드립니다.

    OPT Cap-Gap Extension
    A student in an active period of post-completion or STEM OPT who is the beneficiary of an H-1B petition filed on their behalf is eligible to remain in the U.S. and to continue working after the expiration of their EAD if:

    A timely-filed cap subject H-1B petition on the former student’s behalf is pending or approved. The petition must include a change of status request effective October 1 to H1-B. Petitions requesting consular notification are not eligible for this extension.
    The start date of the H-1B petition is October 1 of the same calandar year; and
    The former student has otherwise maintained all the terms and conditions of his or her F-1 visa status.
    The extension is an automatic benefit that extends one’s F-1 status and empioyment authorization until October 1 of the same calendar year. This presumes the student was in F-1 status and OPT was active at the time the H1-B petition was filed. Students in their grace period at the time of filing are not employment authorized.

    Note that if the above-referenced H-1B petition is rejected, revoked, withdrawn or denied, the student’s employment authorization is immediately terminated and he or she enters the F-1 grace period.

    Source: https://issp.virginia.edu/opt-cap-gap-extension

    • 답을 찾았습니다 137.***.253.8

      Students whose H-1B has been filed by an employer not subject to the H1B Cap (e.g. Higher Education, non-profit or governmental research institutions) do not benefit from “cap-gap” extensions.