Immigration answers
Plain-English answers to U.S. immigration questions from the attorneys at Summit Legal PLLC.
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How does H-1B cap-gap work for F-1 students?
Cap-gap automatically extends your F-1 status and, if you are on OPT, your work authorization until October 1, provided a cap-subject H-1B petition requesting a change of status was timely filed while your status or grace period was still valid. It is automatic — there is no separate application — but it ends immediately if the petition is denied, rejected, or withdrawn.
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What evidence do I need for an EB-2 National Interest Waiver?
An EB-2 NIW petition must satisfy the three-prong Dhanasar test: that your endeavor has substantial merit and national importance, that you are well positioned to advance it, and that it benefits the U.S. to waive the job offer and labor certification requirements. In practice, the second prong — being well positioned — is where most petitions are won or lost, and it is proven with a record of past achievement rather than promises about future work.
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Can I travel outside the U.S. while my H-1B extension is pending?
Yes, you can travel while an H-1B extension is pending, but you must have a valid, unexpired H-1B visa stamp to re-enter — a pending extension receipt is not a substitute. If your visa stamp has expired, you will need a new one from a consulate before returning, and consular processing times are the real risk here, not the extension itself.