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H-1B "Cap-Gap"

A former student using post-completion OPT who is the beneficiary of an H-1B petition on his or her behalf is eligible to remain in the U.S. and work pursuant to OPT after the expiration of OPT if:

  1. A timely cap subject H-1B petition on the former student's behalf that is pending or approved;
  2. The start date of the H-1B petition is October 1 of the same calandar year; and
  3. The former student has otherwise maintained all the terms and conditions of his or her F-1 visa status.

Note that if the above-referenced H-1B petition is rejected, revoked, withdrawn or denied, the student's employment authorization immediately terminates and he or she enters the F-1 grace period.