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This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or abilit


USCIS

Cap-Gap: Bridging OPT to H-1B Sponsorship

If your employer files a timely, cap-subject H-1B petition with an October 1st start date that requests a change of status, your F-1 status and—if your EAD is still valid at the time of filing—your OPT work authorization may be automatically extended to September 30th. This is known as the "cap-gap." If the H-1B is filed during your 60-day grace period after your OPT has expired, only your F-1 status extends (no work authorization). If the H-1B is denied or withdrawn, the cap-gap extension ends immediately.


Travel During Cap-Gap: Travel during the cap-gap period is risky, especially with a pending change-of-status application. Consult your DSO or immigration counsel before making international travel plans.


Form I-9 and Your EAD: Your EAD is a List A document for I-9 purposes. For a pending STEM extension that was timely filed, the combination of your expired EAD and I-797C receipt notice serves as an acceptable receipt for up to 180 days.


Obtaining a Social Security Number: You can request an SSN on the Form I-765 application or apply directly with the Social Security Administration (SSA) after you receive your EAD, using your passport, I-94, I-20, and EAD.


Tax Obligations for F-1 Students: Most F-1 students are considered nonresident aliens for their first five calendar years in the U.S. and are typically exempt from FICA (Social Security and Medicare) taxes. If your employer withholds FICA in error &  request correction.

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