The DSO may then contact the SEVIS helpdesk to request a data fix in SEVIS to prevent the student from being terminated in SEVIS.If USCIS does not receive the withdrawal request before the date that the student is supposed to change status to an H-1B nonimmigrant, then the student will need to stop working, file Form I-539, Application to Extend/Change Nonimmigrant Status, to request F-1 status, and wait until the change of status request is approved before resuming OPT employment.The F-1 student can continue working with their approved EAD while the data fix in SEVIS is pending if:If the employer withdraws the H-1B petition approval after the date that the student officially changes to H-1B status, the student’s status will have been changed from F-1 to H-1B. They then need to apply for an H-1B visa at a consular post abroad, if applicable, and seek to be readmitted into the United States in H-1B status for the dates reflected on the approved H-1B petition.Additionally, the cap-gap provision applies only to beneficiaries of cap-subject H-1B petitions, not to beneficiaries of The cap-gap extension of OPT is automatic for eligible students. This document serves as proof of continued employment authorization.If a student chooses to obtain an updated Form I-20, they should provide their 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. You may work full time when school is not in session. In both of these instances, students are required to immediately leave the United States.An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:However, if an F-1 student travels outside the United States while the H-1B petition and the change of status request remain pending the request for change of status will be considered abandoned.Please note that even if an F-1 student meets all of the requirements listed above, a U.S. Customs and Border Protection (CBP) officer always makes the final determination on whether to admit an applicant for admission after inspection at a port-of-entry. Post-completion OPT is a type of work authorization for F-1 students who are completing a bachelor’s or graduate degree in the US. However, the STEM OPT Extension automatically takes effect the day after your current Post-Completion OPT EAD expires, and the STEM OPT Extension nullifies (invalidates) the cap-gap extension. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.The student should return to their DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, indicating that the petition was filed and accepted. The DSO may request a data fix in the Student and Exchange Visitor Information System (SEVIS) by contacting the SEVIS helpdesk.The student also needs to make sure that USCIS receives a withdrawal request from the petitioner before the H-1B change of status goes into effect. Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. A cap-subject H-1B petition will not be considered to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended.Once the petitioner timely files a request to change status to H-1B on Oct. 1, the automatic cap-gap extension will begin. SEVP will inform USCIS of the termination date, and USCIS will terminate your EAD accordingly. Maintaining your student status includes not working on a terminated EAD, as the termination means that you are no longer authorized to work in the United States using that OPT EAD. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). 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 were F-1 status not extended for qualifying students.Cap-subject H-1B petitions that are timely filed for an eligible F-1 student that request a change of status to H-1B on Oct. 1 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 applicable H-1B filing period, which begins April 1 and 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"). As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1 for the following fiscal year, which starts Oct, 1. The STEM OPT extension is only available to certain F-1 students who receive a qualifying degree in a STEM field at the bachelor’s level or higher from an accredited, SEVP-certified school. Its purpose is to provide an opportunity for employment experience in a student’s field of study.


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