Can I travel on F-1 during cap gap OPT?


In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin.

If you leave the U.S. while your H1B petition is still pending, you will abandon the request for change of status to H1B, which is one of the requirements for the cap-gap benefit. Therefore, you will no longer be able to reenter the U.S. to resume your cap-gap OPT, and will have to wait for a decision on the H1B petition to apply for an H1B visa, if approved. (16.Feb.2018)

Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.

Access more FAQs here.


Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.