Get the free F-1 H-1B Cap Gap Request Form - Emory University - emory

F-1 H-1B Cap Gap Request Form International Student and Scholar Programs North Decatur Building Suite 130 ? Mail stop 1784/001/1AV Emory University ? Atlanta, GA 30322 Tel: (404) 727-3300 ? Fax: (404)

How to fill out f-1 h-1b cap gap

How to fill out F-1 H-1B cap gap:

1. Obtain approval for both F-1 and H-1B visas: The first step in filling out the F-1 H-1B cap gap is to ensure that you have received approval for both the F-1 student visa and the H-1B work visa. This usually involves applying to the respective visa programs and going through the necessary processes.
2. Understand the cap gap provision: The cap gap provision allows F-1 students to extend their stay in the United States if they have an H-1B petition pending. This provision bridges the gap between the expiration of the F-1 status and the start of the H-1B status.
3. Gather required documents: To fill out the F-1 H-1B cap gap, you will need to gather certain documents such as your passport, I-20 form, Form I-797 (H-1B petition approval notice), and any other supporting documents requested by the U.S. Citizenship and Immigration Services (USCIS).
4. Complete Form I-539: Form I-539 is used to apply for a change or extension of status for F-1 students. You will need to fill out this form accurately and thoroughly, providing all the required information regarding your current status, desired extension dates, and supporting documentation.
5. Submit the application: Once you have completed Form I-539 and gathered all the necessary documents, you can submit your application to the USCIS. Be sure to double-check that everything is filled out correctly and that you have included all the required supporting materials.

Who needs F-1 H-1B cap gap:

1. F-1 students awaiting H-1B approval: F-1 students who have graduated or are about to graduate and have an H-1B petition pending may need to apply for the F-1 H-1B cap gap. This provision allows them to extend their F-1 status until the start of their approved H-1B employment.
2. Individuals transitioning from F-1 to H-1B: Individuals who are currently on F-1 student visas but have secured an employer sponsor and are transitioning to H-1B status may also need to fill out the F-1 H-1B cap gap to ensure continuous legal stay in the United States.
3. Those who want to maintain legal status: Any individual who wants to maintain legal status and comply with the immigration regulations should consider filling out the F-1 H-1B cap gap if they meet the eligibility criteria for this provision. It allows for a smooth transition between F-1 and H-1B status without any gaps in lawful presence in the country.

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