Final Days to File H-1B Petitions – Key Reminders on Filing, Travel, and Cap-Gap

Employers and their immigration attorneys now have only a few days left to file H-1B petitions for beneficiaries selected in the first round of the FY2025 cap lottery. As a reminder, USCIS must receive the petition by Monday, June 30, 2025 — not just postmarked, but physically delivered to the appropriate service center.

Employer Compliance and Filing Logistics

As part of the final checks before submitting, employers should:

• Ensure sufficient funds are available in the company’s bank account so that filing fee checks will not bounce when USCIS processes them.

• Avoid closing or switching business bank accounts or offices during this time. A bounced check or undeliverable USCIS mail may lead to delays, denials, or investigations into the bona fides of your company.

• Maintain an active and accessible company website, as USCIS may review it to confirm ongoing business operations.

Travel and Cap-Gap Reminders

If the H-1B beneficiary is currently working under OPT with a valid EAD, and the EAD expires after the H-1B petition is filed, they may qualify for a cap-gap extension. This automatically extends work authorization until April 1, 2026, or the requested H-1B start date, whichever is earlier, provided that:

• The petition is filed as a change of status (not consular processing), and

• The petition remains pending or is approved as of the EAD expiration date.

⚠️ Do not travel internationally while a change-of-status petition is pending. Doing so may result in the abandonment of the change of status, requiring the beneficiary to obtain an H-1B visa at a consulate and reenter the U.S. in H-1B status.

If the petition is filed for consular notification only, cap-gap benefits do not apply. The beneficiary will not be in H-1B status until they obtain the visa abroad and reenter the U.S.

Employers should also update I-9 or E-Verify records to reflect any cap-gap extensions where applicable.

---

A Quick Reminder on REAL ID

REAL ID enforcement begins May 7, 2025. Travelers on domestic U.S. flights will need a REAL ID-compliant driver’s license or another TSA-approved form of identification, such as a passport. Employees should prepare in advance to avoid travel disruptions.

Questions?

If you have any case-specific questions or would like to speak with our team about your pending H-1B petition, please don’t hesitate to contact us.

---

All rights reserved. All content of this blog is the property and copyright of Jia Law Group and may not be reproduced in any format without prior express permission.

Contact marketing@jiaesq.com for more information or to seek permission to reproduce content. This blog is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. Blog posts are based on the most current information at the time they are written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this blog.