H1B Cap-Gap

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the H1B cap-gap provisions.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[anuj2014]

Hello,

 

I am on a NON-CAP / NON-PROFIT H1B for the last 6 years. I never worked for FOR- PROFIT/ CAP subject employer.

My potential (for-profit) employer will be filing CAP- subject H1B on April 3rd 2017. If the petition gets picked in the lottery and new H1B is approved, how long I should wait before I start working for the new employer. I understand that the start date with new employer will be no later that Oct 1st 2017. Is that right? 

 

[Attorney_22]

On 3/31/2017 at 11:39 AM, anuj2014 said:

Hello,

 

I am on a NON-CAP / NON-PROFIT H1B for the last 6 years. I never worked for FOR- PROFIT/ CAP subject employer.

My potential (for-profit) employer will be filing CAP- subject H1B on April 3rd 2017. If the petition gets picked in the lottery and new H1B is approved, how long I should wait before I start working for the new employer. I understand that the start date with new employer will be no later that Oct 1st 2017. Is that right? 

 

Generally, a cap-subject petition will begin on October 1, 2017, but there may be other options/limitations that are applicable to your situation. Therefore, it may be advisable to speak directly with your H1B attorney, or you can give the Murthy Law Firm a call. 

[linnamur]

On 3/30/2017 at 1:38 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding the H1B cap-gap provisions.

 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

 

Hi,

My Stem OPT expires June 5 2017. I've applied for h1b for FY 2018. My university said they cannot provide me a cap gap I20 until I submit h1 approval/ receipt notice I797.

I learnt that I797 usually may come anytime around May through August. What are my options if I don't recieve I797 before June 5? Can I continue to work until I receive I797?

Your prompt reply would be appreciated.

Thanks in advance.

[Attorney_22]

On 4/16/2017 at 1:34 PM, linnamur said:

Hi,

My Stem OPT expires June 5 2017. I've applied for h1b for FY 2018. My university said they cannot provide me a cap gap I20 until I submit h1 approval/ receipt notice I797.

I learnt that I797 usually may come anytime around May through August. What are my options if I don't recieve I797 before June 5? Can I continue to work until I receive I797?

Your prompt reply would be appreciated.

Thanks in advance.

If accepted in the lottery, it is very likely you will receive the Receipt Notice in time to update the I-20.  

[hnune]

Hello,

I am on a NON-CAP / NON-PROFIT H1B Since Oct 2012.  I never worked for CAP subject employer.

• Is the maximum H1B work authorization period of 6 years applies to NON-CAP / NON-PROFIT petitions ?
• My green card process hasn't started. Can my NON-PROFIT employer request an extension after completion of 6 Years (OCT 2018) without I 140 approval ?

My potential (for-profit) employer filed CAP- subject H1B for FY 2018. If the petition gets picked in the lottery and new H1B is approved,

• Since my new petition is CAP subject, will the clock reset for maximum work authorization period of 6 years ? or is it a total of 6 years including the period of employment for NON-PROFIT ?

Thank you.