This is not to be confused with the end of your F-1 grace period. In order to continue working under Cap Gap, your employer will need to submit an H-1B petition on your behalf before your STEM-OPT work authorization expires. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) How does Cap Gap work? In addition to helping you put together a strong H-1B petition, an experienced attorney will also counsel you on strategy and provide backup plans for you and your employer if you’re not selected in the lottery. Citizenship and Immigration Services (USCIS). Department of Labor for certification a certified LCA must be submitted with the H-1B petition to U.S. They will create the necessary Labor Condition Application (LCA) that needs to be submitted to the U.S. Your company’s attorney will also track your petition and notify you of updates. By March 31, USCIS will notify employers or their legal representatives whether H-1B beneficiaries were selected in the lottery, and H-1B petitions for those beneficiaries can be submitted as early as April 1. USCIS just announced that FY 2023 H-1B Cap Initial Registration Period will run from March 1 to March 18. The company’s immigration attorney will register you in the lottery (the random selection of H-1B petitions subject to the annual numerical “cap” by the Immigration and Nationality Act). Given that you will need to qualify for a Cap Gap extension to continue working, I highly recommend that you and your employer contact an immigration attorney ASAP to navigate the lottery and Cap Gap process. This is a big deal and will support a lot of students - we are super excited over here! These new degrees now include computer science, cloud computing, economics, financial analytics, data analytics, environmental studies, and even certain social science degrees. Department of Homeland Security recently added 22 new fields to the list that qualifies for STEM OPT. Keep in mind that for F-1 students currently on OPT, the U.S. The Cap Gap extension bridges your work authorization between the end of your final year of F-1 OPT or STEM OPT until you start working in H-1B through a Change of Status, which I explain in detail along with the H-1B lottery, job titles, interesting data and other tidbits in my recent H-1B podcast. on your STEM OPT work permit until October 1, 2022, under what’s called Cap Gap. Let me dive right in and answer your first question: If you get selected in the H-1B lottery in March, you may be able to continue living and working in the U.S. If I get selected in the lottery in March, will I have to stop working in June until I receive approval for an H-1B? If I don’t get selected in the lottery, what are my options? The company I’m working for is registering me in the H-1B lottery for the second year in a row. I am currently on F-1 STEM OPT, which expires the first week of June. TechCrunch+ members receive access to weekly “Dear Sophie” columns use promo code ALCORN to purchase a one- or two-year subscription for 50% off. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.” “Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies. Ask Sophie: How much time and money will we need for an H-1B transfer?.Ask Sophie: Do I need 2 visas to work at 2 different startups?.
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