Archive for the 'Cap Gap' Category

Immigration Lawyer Report on the 2010 H1B Cap Report

The U.S. Congress has set limits regarding H1B petitions for those in foreign countries who want to come to the U.S. to work and for those in the U.S. with an advanced degree who want to stay in the country and work. As an immigration lawyer with offices in the San Francisco and Sacramento area, I am constantly monitoring the cap.

H1B Employment Offer

For those in foreign countries the minimum educational requirement is a bachelor’s degree or the equivalent. Continue reading “Immigration Lawyer Report on the 2010 H1B Cap Report” »

Immigration Attorney Explains How “Cap Gap” Occurs

In my law office, I work with various types of immigration cases from around the country. As an immigration attorney I find that one area that is especially active this time of year is that which involves the “cap gap.”

Defining the Cap Gap

The cap gap is that period of time that covers from when someone in the U.S. who is under a F-1 visa, which is designated for students, is no longer a student to the time that they are given employment. There is a gap between that person being a student, after which they have attained their degree, and the period during which they begin working for a U.S. company. The potential employer petitions for the student to be given the new designation of H-1B and during that time and until the student can be under the H-1B visa, the F-1 status is extended. Continue reading “Immigration Attorney Explains How “Cap Gap” Occurs” »