But I heard this is called "cap-gap" , I read some links about gap problem ,it said "cap-gap" released in 2004 .But in 2005 AND 2006, no "cap-gap" again. and in 2007 ,it still no information about any "cap-gap" relief.
"H1B News : Possible Memo; Cap-Gap Relief is Not Likely
Posted May 05, 2006
The USCIS anticipates issuing guidance on some key H1B matters shortly, as well as a memo later this summer. Additionally, they advised that they do not foresee any "cap-gap" relief to assist students in changing to H1B status from within the U.S. While the lack of cap-gap relief is not positive, there were other items that may prove beneficial when the USCIS issues guidance on these matters.
The topics addressed in a possible future memo appear to be positive, favorable interpretations of the laws and procedures relating to H1Bs. We want to make it clear that what is being discussed is a possible memo, based on discussions during the conference. This is not, as yet, an existing memo. In addition, the USCIS indicated that they expect further H1B guidance, regarding the H1B Master's Cap and the cap exemption, on what constitutes "affiliation" with an institution of higher learning. This guidance is likely to clarify some areas, while adding restrictions to others.
H1B Cap-Gap Relief Not Likely
The USCIS indicated that it is not likely they will issue what is commonly referred to as "cap gap" relief for Fiscal Year (FY) 2007. This relief, if it were made available, would address the gap in status experienced by some students between the expiration of their F-1 or J-1 statuses and the start of the availability of H1B cap numbers on October 1, 2006. This relief has been granted in previous years to assist F-1 and J-1 students in transitioning from student to H1B status without the need to depart the country. In short, the problem is that, in order to change status, a person must have a nonimmigrant status until the date of the effective change. Thus, cap-gap relief provided a bridge between the end of the student status and the start of the H1B status.
The cap-gap relief was not granted for FY2006. It was last granted, in a rather last-minute action, for FY2005. As indicated, it is unlikely that it will be issued for FY2007. Thus, many students will not be able to remain in status until October 1, 2006. They will have to leave the country and apply for H1B visas at the consulates abroad in order to return and begin work on October 1, 2006. "
