Y**M
发帖数: 32 | 1 觉得有用一定要发包子噢
建议版主加精
Source:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
内容:
Extension of Post-Completion Optional Practical Training (OPT) and F-1
Status for Eligible Students under the H-1B Cap-Gap Regulations
Questions and Answers
Introduction
These Questions & Answers address the automatic extension of F-1 student
status in the United States for certain students with pending or approved H-
1B petitions (indicating a request for change of status from F-1 to H-1B)
for an employment start date of October 1, 2012 under the Fiscal Year (FY)
2013 H-1B cap.
Questions & Answers
Q1. What is “Cap-Gap”?
A1. Current regulations allow certain students with pending or approved H-1B
petitions to remain in F-1 status during the period of time when an F-1
student’s status and work authorization would otherwise expire through the
start date of their approved H-1B employment period. This is referred to as
filling the “cap-gap,” meaning the regulations provide a way of filling
the “gap” between the end of F-1 status and the beginning of H-1B status
that might otherwise occur if F-1 status is not extended for qualifying
students.
Q2. How does “Cap-Gap” Occur?
A2. An employer may not file, and USCIS may not accept, an H-1B petition
submitted more than six months in advance of the date of actual need for the
beneficiary’s services or training. As a result, the earliest date that
an employer can file an FY 2013 H-1B cap-subject petition is April 2, 2012
for employment starting not before October 1, 2012. If USCIS approves the H
-1B petition and the accompanying change of status request, the earliest
date that the student may start the approved H-1B employment is October 1,
2012. Consequently, F-1 students whose periods of authorized stay expire
before October 1, 2012, and who do not qualify for a cap-gap extension, are
required 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,
for the dates reflected on the approved H-1B petition.
Q3. Which petitions and beneficiaries qualify for a cap-gap extension?
A3. H-1B petitions that are timely filed on behalf of an eligible F-1
student and request a change of status to H-1B on October 1, 2012 qualify
for a cap-gap extension.
Timely filed means that the H-1B petition (indicating change of status
rather than consular processing) was filed during the H-1B acceptance period
, which begins Monday April 2, 2012, while the student's authorized F-1
duration of status (D/S) admission was still in effect (including any period
of time during the academic course of study, any authorized periods of post
-completion Optional Practical Training (OPT), and the 60-day departure
preparation period, commonly known as the “grace period”).
Once a timely filed request to change status to H-1B on October 1, 2012 has
been made, the automatic cap-gap extension will begin and will continue
until the H-1B petition adjudication process has been completed. If the
student’s H-1B petition is selected and approved, the student’s extension
will continue through September 30, 2012 unless the petition is denied,
withdrawn, or revoked. If the student’s H-1B petition is not selected, the
student will have the standard 60-day grace period from the date of the
rejection notice or their program end date, whichever is later, to prepare
for and depart the United States.
Students are strongly encouraged to stay in close communication with their
petitioning employer during the cap-gap extension period for status updates
on the H-1B petition processing.
Q4. How does a student covered under the cap-gap extension obtain proof of
continuing status?
A4. The student should go to their Designated School Official (DSO) with
evidence of a timely filed H-1B petition (indicating a request for change of
status rather than for consular processing), such as a copy of the petition
and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s
DSO will issue a preliminary cap-gap I-20 showing an extension until June 1,
2012.
If the H-1B petition is selected for adjudication, the student should return
to his or her DSO with a copy of the petitioning employer’s Form I-797,
Notice of Action, with a valid receipt number, indicating that the petition
was filed and accepted. The student’s DSO will issue a new cap-gap I-20
indicating the continued extension of F-1 status.
Q5. Is a student who becomes eligible for an automatic cap-gap extension of
status and employment authorization, but whose H-1B petition is subsequently
rejected, denied or revoked, still allowed the 60-day grace period?
A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of
an F-1 student covered by the automatic cap-gap extension of status, the
student will have the standard 60-day grace period (from the date of the
notification of the denial, rejection, or revocation of the petition) before
he or she is required to depart the United States.
For denied cases, it should be noted that the 60-day grace period does not
apply to an F-1 student whose accompanying change of status request is
denied due to the discovery of a status violation. The student in this
situation is not eligible for the automatic cap-gap extension of status or
the 60-day grace period. Similarly, the 60-day grace period and automatic
cap-gap extension of status would not apply to the case of a student whose
petition was revoked based on a finding of fraud or misrepresentation
discovered following approval. In both of these instances, the student
would be required to leave the United States immediately.
Q6. May students travel outside the United States during a cap-gap extension
period and return in F-1 status?
A6. No. A student granted a cap-gap extension who elects to travel outside
the United States during the cap-gap extension period will not be able to
return in F-1 status. The student will need to apply for an H-1B visa at a
consular post abroad prior to returning. As the H-1B petition is for an
October 1, 2012 start date, the student should be prepared to adjust his or
her travel plans, accordingly.
Q7. What if a student’s post-completion OPT has expired and the student is
in a valid grace period when an H-1B cap-subject petition is filed on their
behalf? It appears that F-1 status would be extended, but would OPT also be
extended?
A7. F-1 students who have entered the 60-day grace period are not employment
-authorized. Consequently, if an H-1B cap-subject petition is filed on the
behalf of a student who has entered the 60-day grace period, the student
will receive the automatic cap-gap extension of his or her F-1 status, but
will not become employment-authorized (since the student was not employment-
authorized at the time H-1B petition was filed, there is no employment
authorization to be extended).
Q8. Do the limits on unemployment time apply to students with a cap-gap
extension?
A8: Yes. The 90-day limitation on unemployment during the initial post-
completion OPT authorization continues during the cap-gap extension.
Q9. What is a STEM OPT extension?
A9. F-1 students who receive science, technology, engineering, and
mathematics (STEM) degrees included on the STEM Designated Degree Program
List, are employed by employers enrolled in E-Verify, and who have received
an initial grant of post-completion OPT employment authorization related to
such a degree, may apply for a 17-month extension of this authorization. F-
1 students may obtain additional information about STEM OPT extensions on
the Student and Exchange Visitor Program website at www.ice.gov/sevis.
Q10. May a student eligible for a cap-gap extension of post-completion OPT
employment authorization and F-1 status apply for a STEM OPT extension while
he or she is in the cap-gap extension period?
A10. Yes. However, such application may not be made once the cap-gap
extension period is terminated (e.g., if the H-1B petition is rejected,
denied, or revoked), and the student has entered the 60-day departure
preparation period.
Q11. In recent years, employers have been able to file H-1B cap-subject
petitions after April 1, and have not always requested an October 1 start
date. However, some students’ OPT end dates were nevertheless shortened to
September 30, even though their H-1B employment would not begin until a
later date. What should the student do to correct this?
A11. The student should contact their DSO. The DSO may request a data fix
in SEVIS by contacting the SEVIS helpdesk.
Q12. If the student finds a new H-1B job, can he or she continue working
with his/her approved EAD while the data fix in SEVIS is pending?
A12. Yes, if the (former) H-1B employer timely withdrew the H-1B petition
and the following conditions are true:
§ the student finds employment appropriate to his or her OPT;
§ the period of OPT is unexpired; and
§ the DSO has requested a data fix in SEVIS.
Note: If the student had to file Form I-539 to request reinstatement to F-1
student status, the student may not work or attend classes until the
reinstatement is approved.
Q13. If the student has an approved H-1B petition and change of status, but
is laid off/terminated by the H-1B employer before the effective date, and
the student has an unexpired EAD issued for post-completion OPT, can the
student retrieve any unused OPT?
A13.Yes. The student will remain in student status and can continue working
OPT using the unexpired EAD until the H-1B change of status goes into
effect. The student also needs to make sure that USCIS receives a
withdrawal request from the petitioner before the H-1B change of status
effective date. This will prevent the student from changing to H-1B status.
Once the petition has been revoked, the student must provide their DSO
with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of
revocation). The DSO may then request a data fix in SEVIS, to prevent the
student from being terminated in SEVIS on the H-1B effective date, by
contacting the SEVIS helpdesk.
If USCIS does not receive the withdrawal request prior to the H-1B petition
change of status effective date, then the student will need to stop working,
file a Form I-539 to request reinstatement, and wait until the
reinstatement request is approved before resuming employment.
Q14. In cases where a student is authorized to work OPT past the H-1B change
of status effective date, can the student continue working on OPT if a
request to revoke/withdraw the H-1B change of status is submitted to USCIS?
A14. If the H-1B revocation occurs before the H-1B change of status
effective date, the student may continue working while the data fix remains
pending, because the student will still be in valid F-1 status.
If the H-1B revocation occurs on or after the H-1B change of status
effective date, the student will need to stop working before the H-1B change
of status effective date, apply for reinstatement, and wait until the
reinstatement request is approved before resuming employment.
NOTE: This is NOT a cap-gap situation since the student has an EAD
authorizing OPT beyond the H-1B change of status effective date.
Q15. Do students remain in valid F-1 status while the request to change the
OPT end date is pending?
A15. If the H-1B revocation occurs before the H-1B change of status
effective da te, the student is still deemed to be in F-1 status while the
data fix is pending.
If the H-1B revocation occurs after the H-1B change of status effective date
, the student will not be in valid F-1 status and will therefore either need
to apply for reinstatement or depart the United States. | c****p
发帖数: 6474 | 2 这个主要是讲cap gap的。我很早以前就帖过了。没人顶。 | Y**M
发帖数: 32 | 3 我是最近才意识到这个文件的重要性的
应该是你以前贴的时候我读过,但是没认识到它的价值
可能是读的不仔细, 然后继续愁我下学期的学费...
后来突然有一天开窍重读了,才发现解决问题的关键是这个东东
有些东西没意识到的时候是垃圾,等意识到了就是宝了
还是非常感谢,让我知道了这个东西
如果一开始没读过,应该没法那么顺利的解决
后来还用这个挣了包子,开心哈
【在 c****p 的大作中提到】
: 这个主要是讲cap gap的。我很早以前就帖过了。没人顶。
| v******i
发帖数: 155 | 4
如果用OPT工作期间，H1B申请已获得批准并将于十月一日生效前，申请人出境并且在境
外使领馆申请H1B，被背景调查。在境外等待调查期间，十月一日以后，是否还可以用
OPT合法工作，并领取工资？
接近第十四/十五条。
Q14. In cases where a student is authorized to work OPT past the H-1B change
of status effective date, can the student continue working on OPT if a
request to revoke/withdraw the H-1B change of status is submitted to USCIS?
A14. If the H-1B revocation occurs before the H-1B change of status
effective date, the student may continue working while the data fix remains
pending, because the student will still be in valid F-1 status.
If the H-1B revocation occurs on or after the H-1B change of status
effective date, the student will need to stop working before the H-1B change
of status effective date, apply for reinstatement, and wait until the
reinstatement request is approved before resuming employment.
NOTE: This is NOT a cap-gap situation since the student has an EAD
authorizing OPT beyond the H-1B change of status effective date.
Q15. Do students remain in valid F-1 status while the request to change the
OPT end date is pending?
A15. If the H-1B revocation occurs before the H-1B change of status
effective da te, the student is still deemed to be in F-1 status while the
data fix is pending.
If the H-1B revocation occurs after the H-1B change of status effective date
, the student will not be in valid F-1 status and will therefore either need
to apply for reinstatement or depart the United States.
【在 Y**M 的大作中提到】
: 觉得有用一定要发包子噢
: 建议版主加精
: Source:
: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
: 内容:
: Extension of Post-Completion Optional Practical Training (OPT) and F-1
: Status for Eligible Students under the H-1B Cap-Gap Regulations
: Questions and Answers
: Introduction
: These Questions & Answers address the automatic extension of F-1 student
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