Sacramento Immigration – H1B Cap Gap

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Sacramento Immigration – H1B Cap Gap
California Immigration Lawyer
Sacramento, San Francisco, San Jose and Santa Clara

What happens if your H-1B is approved, but your OPT expires before your H-1B will take effect? Give our Sacramento office a call!

After your employer files an H-1B on your behalf, then, assuming you meet all criteria, your H-1B will be approved. Being in the United States on F status during Optional Practical Training (OPT) may mean that your OPT expires in April, but your H-1B will not take effect until October 1st. What do you do???

Great news! An approved H-1B means that you don’t have to worry about this gap in status IF you follow all regulations during this length of time between the end of OPT and the start of OPT. Your legal status is automatically extended to cover the gap between the end of OPT and the start of H-1B. This automatic extension is called a “cap gap”, because it covers that legal status gap. IMPORTANT: You cannot leave the United States during this period, or you must reapply at a U.S. consulate outside of the United States before you may return.

Always talk with a qualified immigration attorney before attempting any change in your legal status. Pick up the phone and dial our number! We love hearing from new clients! Call us at (916) 613-3553, or email us at and you can schedule a consultation. Our staff translates Spanish and several other languages. We’re passionate about guiding people through the entirety of the immigration process, and we understand that you are very courageous to be moving to a new country, and that immigrants like you are what make America great. Give us a call!

This video is for educational purposes only, and is not intended as legal advice.

The Ranchod Law Group
8880 Cal Center Drive, Suite 400
Sacramento, CA 95826