Cap-Gap Rule for F-1 OPT and H-1B Cap Filer
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
As reported by The Indian Express:
The proposed changes in the issuing of H-1B visas, the highly sought after US work permits, will badly affect the Indian IT firms which depend heavily on these work visas.
U.S. Citizenship and Immigration Services (USCIS) reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
The H-1B Program
Be advised: Premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the Premium Processing section for more details.
The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
As stated by "Indian Express" :
A proposal that will hit Indian IT companies the most, US software giant Microsoft Corporation has suggested a whopping fee of USD 10,000 (over Rs 5 lakh) for a new category of H-1B visas and USD 15,000 (more than Rs 7.5 lakh) for permanent residency or Green card.
This could raise a huge USD5 billion over a decade, it said.
The guidance for issuing B-1 visas in lieu of H is currently under review bur remains in effect until further notice. In order to avoid delays at the port of entry, consular officers are to annotate the B-1 visa with “B in lieu of H, 9 FAM 41.31 N11.”
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.