I am currently working on OPT valid until May. My employer will file an H1B petition for me in the first week of April for the start date of October 1st. …

… My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents. Will they also be in status during my cap-gap period?

Answer

Yes. Pursuant to the regulation at 8 CFR §214.2(f)(5)(vi) “[a]n automatic extension of an F-1 student’s duration of status … also applies to the duration of status of any F-2 dependent aliens.” Your dependents will not need to take any separate action to maintain valid F-2 status during your cap-gap period. (08.Jan.2016)

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