Typically many H-1B residents complete their residency in July. Normally if a doctor participates in a residency program as a H-1B resident s/he is not subject to the H-1B cap; however when you change employers to a for profit employer you will be “cap subject.” There are only 65,000 H1B visas available each fiscal year (which begins on October 1 of each year). The earliest that an H-1B petition can be submitted is 6 months before the start date of employment. Consequently, you must apply for a position with a start date of October 1st but there is a gap between the date your residency ends, typically July 1st, and the day you can start employment – October 1st. This gap in status is called the “cap gap”.
It is imperative that you plan appropriately for this gap by either extending your residency program until October 31st or returning to your home country until the beginning of your start date.
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