f-1 opt & cap gap




USCIS issued an Interim Final Rule on April 8, 2008, introducing “cap gap” relief to those foreign students holding F-1 visa status and optional practical training expiring this summer who submitted H-1B cap cases for employment starting October 1, 2008.  The Interim Final Rule automatically extends the period of stay and work authorization for any F-1 student with a properly filed H-1B petition and change of status request pending with USCIS, including those cases awaiting the lottery.  If USCIS rejects or denies the H-1 petition, the F-1 student will be granted the standard 60 day period (after notification or rejection of the petition) in which to leave the


.   Many petitions filed by this office requested “consular notification” rather than a change of status, as such request was not available until April 8, after the period of time for submission of H-1B cap cases had ended.  To address this, USCIS has put into place a system whereby the change of status may be requested retroactively by e-mail within 30 days of issuance of a filing receipt.

In addition, an extension of Optional Practical Training status will be granted from 12 to 29 months for those F-1 students with majors in specific fields in Science, Technology, Engineering or the mathematics areas.  Rigorous steps relating to this extension request include notification to the Designated School Official by the student, the requirement to maintain status, and the requirement of a


employer to participate in the US Government’s E-verify Program comprise major portions of these new regulations.

For detailed Questions & Answers regarding these regulations, please visit the USCIS website at http://www.uscis.gov/files/article/OPT_4Apr08.pdf .  Please contact a partner in this office to discuss the ramifications of these regulations and how they might affect you!

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At amy@wildeslaw.com

In The News


I would like to bring the positive news that mine and my family's visas have been APPROVED! I would like to take this opportunity to thank you and to express my heartfelt gratitude for your exceptional efforts and unwavering support...

Lee Jackson Date : September 25, 2023

Michael and his entire team are professional, diligent and knowledgeable, effective and efficient, patient in guidance and interaction, and confident and reassuring in attitude. In brief: excellent partners and guides for the complex immigration journey.

Jonatan S Date : September 14, 2023

The team at Wildes & Weinberg waste no time. They are intelligent, professional, and know exactly what needs to be done to succeed in your case. Had the pleasure of working with Josh Wildes, Julie P. Levey, and Brenda Moura,...

Michael “Dimucc” DiMuccio Date : September 8, 2023

Josh Wildes & everyone on the W&W team were excellent with dealing with my green card application. The team were responsive to any questions, set clear goals & requirements for any & all documentation and were clear on what to...

Kelvin Barker Date : March 10, 2023

I received my Green Card from Michael Wildes and his firm some days ago. The petition approval and Green Card release represent a real achievement for people like me in the US. Michael Wildes and his team are excellent, and...

Luca Zammataro Date : November 22, 2022

Dear Michael Wildes, my husband and I would like to thank you and your team,  the work was not easy, especially in the statement, there were a lot of flaws, but we managed to correct everything in a short time,...

Jacques Carline Date : August 3, 2022

Our client David came to us after spending more than three years stuck in the immigration court morass with another attorney. His individual hearing wasn’t scheduled to occur for over a year, and he thought it might get pushed off...

David E. Date : June 8, 2022

Video Testimonials

  • Book Launch

  • Book Warming

  • Riley Keough

  • Boy George

  • Lionel Richie

  • Stuart Varney

Quick Contact

*All fields are mandatory

Best Immigration Lawyer, Attorneys in NYC, New York