Some people may be unfamiliar with the concept of a “gap visa.” This term arises from issues related to a Change of Status (COS), particularly in light of recent stricter USCIS policies for changing status to F-1 student status.
Previously, as long as you submitted a Change of Status application before your current status expired, you could remain in the U.S. while the application was pending—no matter how long it took—and eventually receive approval. Once approved, no further issues arose. However, USCIS recently changed its rules to require that you maintain a valid nonimmigrant status (e.g., B, H, etc.)—not just a period of stay—until at least 30 days prior to the program start date (the day classes are scheduled to begin).
The problem arises when a Change of Status application remains pending for a long period of time. For instance, if it takes about six months for your application to be processed, your current visa status might expire, and by that time, the start date for your F-1 student status could already have passed. If that happens, even if USCIS wants to approve your Change of Status, they cannot due to the regulations.
Hence the idea of a “gap visa.” (In reality, this is a term coined by the author.) The term “gap” is used because it is necessary to fill the gap between your current nonimmigrant visa status and your student visa (F-1) status, ensuring that this gap does not exceed one month.
Therefore, if your current visa is close to its expiration date and you want to apply for a Change of Status, it is wise to apply for a “gap visa” simultaneously. If you suddenly try to apply for a visa later, it can be difficult—especially if you no longer hold any valid visa status, which is often a prerequisite for changing to many types of nonimmigrant visas. (The same rules that apply to F-1 student status changes are gradually expanding to additional visa categories.)
In addition, if you suddenly decide to apply for a gap visa later on, you would need to wait for that approval before you can obtain your student visa. Waiting for the gap visa approval could cause your I-20 for the student visa to expire in the meantime, leading to a vicious cycle. Therefore, this is a concept that must be kept in mind when applying for a Change of Status.