Hello everybody. In this video, we'll talk about five tips
for F1 students transitioning to cap-subject H1B visas. This is an important topic,
and I want to give you all the tips you need to make sure that the transition is as smooth
and effective as possible. So what are you waiting for? I'll see you on the other side.
Hello, everybody. Welcome back to our immigration channel. This is a place where you can get the
most up to date, immigration information, immigration updates, and everything else
that you need to make your immigration journey less stressful. My name is Jacob Sapochnik, and
I'm an immigration attorney located in San Diego, California. And I help clients in all 50 states.
And in this video, we're gonna dedicate this to F1 students, those students that are graduating
and are ready to start working with their H1B visas of F1 visa holders
are able to find a job in the United States and an H1B visa sponsor. And this video is dedicated to
you, giving you the tips and all the information needed to make the transition very, very smooth.
So let's jump right into the video. So based on recent statistics, it's a clear fact that many
of the applicants who apply for cap-subject H1B visas are actually F1 students currently
inside the United States. Therefore, it's really important that if you are an F1 visa student,
watching this video, you have to make sure that you maintain your status at all times.
As you transition into the H1B visa status. This video will focus on five tips that you
need to know as an F1 student moving into the H1B status. So make sure you watch this video
all the way to the end. Every tip is crucial. And it's super important for you to be successful.
So tip number one, make sure you file your H1B while you are still in the Optional Practical
Training status, also known as OPT. That is super important if you can do that.
And the reason is because the cap-gap exception may bridge the gap from the time your OPT ends
all the way through the beginning of the fiscal year of the H1B, which is typically October 1
of the fiscal year. So for example, if your OPT ends on let's say July 1st of the fiscal year,
but the H1B will only start on October 1. The cap-gap exception will bridge the gap from July
through October and you'll be able to continue working as long as your H1B was filed before July.
Typically right now they're being filed then you can file those H1B's after selection. But as long
as you file that before your OPT expires, once you get that receipt, you're able to get what
is called a cap-gap that will carry you all the way through to October 1st of the fiscal year.
That's why it's super important. And remember to qualify for this cap-gap exemption you have to
obviously be in F1 status, you have to have an H1B start date of October 1st, and you must be in good
standing with your OPT at the time of filing. Tip number two, make sure not to fall out of status
during the unemployment period of your OPT. F1 Students can fall out of status if they exceed
certain days of unemployment. Under the OPT status. This unemployment period continues to
accrue even during the cap-gap extension. If the H1B was filed while the student was on OPT. For
12 months OPT, that unemployment limit is 90 days for post stem OPT unemployment limit is 150 days.
Also, make sure you comply with all the reporting requirements that you have to provide your
designated school officially a DSO during the OPT period. Super important. That was tip number two.
Tip number three. If you're on STEM OPT, make sure to complete both of your self-evaluations on time,
your employer also must sign those evaluations and they must be provided to the school official DSO
no later than 10 days following their reporting deadlines. Failing to do so it's definitely going
to hurt your transition to the H1B visa. Number four, Be very careful with international travel
during this transition period from F1 to H1B. If you travel, during the change of status from F1
to H1B, this could consider your application for H1B actually abandoned. It's not just for H1B
purposes. By the way, any application that is a change of status and you
and you leave during the change of status whether it's from F1 to a tourist visa,
you leave during a pending change of status, your application could be deemed abandoned by USCIS.
So be very careful when you travel. In a case where a student actually left the country
during the application to change status from F1 to H1B actually during the cap-gap extension,
left the country went into a family emergency. So at that point, the student needed an actual
new F1 visa to be able to come back to the United States and created a whole complication
with the transition from an F1 to H1B visa, so be very careful when traveling. Number five,
make sure you coordinate where your designated school official DSO is. If you need an update,
I-20 to reflect your cap-gap extension. Sometimes students are going to need a new I-20 for
employment purposes, to obtain a driver's license. Make sure you coordinate that with your school
separately; the cap-gap extension should be automatically reflected in service. But it's
not always the case. Make sure you check your record and you check your I-20. And if it's not
automatically updated, make sure the DSO will update the record to reflect a proper cap-gap
extension in your record. So as long as you follow the steps, you should have a smooth transition
from an F1 to an H1 B and start your journey as a new employee in the United States post
your education. So I wish you all the best and good luck with your new jobs. And if you here for
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this video with more people just like you. Thanks for watching, and I'll see you in our next video.