The OISS provides H-1B guidance only to individuals sponsored to work at New York University. In all other situations, students must seek advice and information from the company’s immigration attorney or a private immigration attorney.

The government has provided an extension of work authorization for students on post-completion OPT, known as the "cap gap" extension, who filed a timely application for an H-1B with an October 1 start date. Review HERE, then consult with your lawyer or employer for guidance regarding the next step and the status of your H-1B application.

Consult with your attorney for guidance regarding travel .

The 90-day “unemployment clock” applies during the “cap gap” employment period.

Consult with your attorney or employer in order to ascertain your H-1B petition status and secure the requisite documentation to submit to the OISS. Processing of “cap gap” I-20s requires a data fix in the SEVIS database by the government, thus students should allow for a processing time of at least three weeks for an I-20.

SEVP states that “students will not be personally notified by the Department of Home land Security of a withdrawn or denied H-1B petition, so they must remain in contact with the sponsoring employer and their DSO. It is the student's responsibility to check regularly on his or her status.”

Following are the documents students must bring to the OISS for a cap-gap extension:

• For a properly filed H-1B petition
  • A statement from the employer that the student is the beneficiary listed on a properly filed H-1B petition
  • Proof of delivery to a USCIS Service Center showing the date of receipt
• For a wait listed H-1B petition
  • A copy of the wait list letter from USCIS to the employer
• For a receipted or approved H-1B application
  • A copy of the receipt (Form I-797)