Introduction
After being selected for an H1B visa in the FY2025 lottery, there are several important steps you need to follow to ensure the smooth processing of your visa application：
April 1st to April 30th
- Collect Company and Beneficiary Information: Lawyers assess the company's business operations, confirm the beneficiary's salary and position.
- Certify the Company's EIN, Submit LCA Form: This involves verifying the company's Employer Identification Number and submitting the Labor Condition Application.
May 1st to May 31st
- Form Filling and Letter Drafting by Lawyers: Lawyers complete the application forms, draft the application letters, communicate details with the company and the beneficiary, and send the documents to the company for confirmation and signature.
- Company Prepares 3 Checks for Application Fees: This is necessary for the filing fees associated with the H1B visa application.
June 1st to June 30th
- Organize and Confirm All Application Materials: This includes the application letter, checks, forms, other supplementary documents, and a duplicate copy. Ensure all areas requiring the company's signature are signed and that all information is accurate. Finally, confirm all materials to be submitted and dispatch the application package.
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Transitioning from OPT to H1B After Selection
While being selected for an H1B visa is a crucial step, it doesn't immediately result in approval. So, what happens if your OPT expires before you receive H1B approval? There's no need to worry, thanks to the cap-gap extension that acts as a safeguard.
The H1B's start date is October 1st, coinciding with the start of the U.S. fiscal year. However, since most U.S. institutions have graduation dates between May and July, many people's OPT ends within this period, much earlier than the H1B start date.
The period from the end of OPT to the start of H1B is known as the Cap Gap. "Cap" refers to the H1B's numerical limitation, and "Gap" signifies the time interval. The Cap Gap extension, introduced by the Department of Homeland Security in 2008, allows for the extension of OPT for H1B holders during this period, ensuring they can legally reside and work in the U.S. The extension requires the following conditions to be met:
- The applicant was on F-1/OPT status when the H1B application was submitted.
- The OPT expires between April 1st and September 30th.
- The H1B is subject to the cap.
Students meeting these criteria can work without worry during the Cap Gap period; their OPT will automatically extend and seamlessly transition to H1B. However, don't forget to submit your H1B selection notice to your school's International Student Services Office and request a new I-20 indicating the Cap Gap extension dates. Failure to report to the school can lead to automatic termination of F-1 student status after OPT ends, potentially preventing the work permit extension. So, remember to communicate with your school after H1B selection!
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FAQ：
H1B Applications Submitted During Grace Period
Due to an unexpected number of applications, a second H1B lottery occurred in 2020. If the H1B application is submitted during the Grace Period (the 60 days following OPT's end), the applicant is not eligible for the Cap Gap work permit extension but can legally stay in the U.S. until the H1B becomes effective on October 1st.
Travel During Cap Gap
For those considering travel during the Cap Gap period, be cautious! Leaving the U.S. during this time may prevent re-entry before the H1B becomes effective on October 1st. Thus, those planning to return home or travel during the Cap Gap should reconsider their plans.
Do Cap-Exempt H1B Applicants Enjoy OPT Extension?
Cap-exempt H1B employers include U.S. higher education institutions and non-profit organizations. These employers can apply for H1B visas for their employees at any time, not just from April 1st each year. Applicants can start working immediately after H1B approval, without waiting until October 1st, eliminating the need for a Cap Gap.
