Federal Agencies, Agency Memos & Announcements
USCIS Reminder: F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through September 30
9/28/18
AILA Doc. No. 18100102.
Business Immigration, H-1B & H-1B1 Specialty Occupation, Students & Schools
USCIS issued a reminder that F-1 students who have an H-1B petition that remains pending on 10/1/18, risk accruing unlawful presence if they continue to work on or after October 1, 2018, (unless otherwise authorized), as their “cap-gap” work authorization is only valid through September 30, 2018.
USCIS notes that due to increased demand for immigration benefits, resulting in higher caseloads as well as a significant surge in premium processing requests, USCIS may not be able to adjudicate H-1B change of status petitions for all F-1 students by October 1.
Cite as AILA Doc. No. 18100102.
Related Resources
- Practice Pointer: Considerations for Individuals with Pending H-1B Petitions Who are in Cap-Gap Extension Period
- USCIS FAQs on OPT Extensions for STEM Students
- SEVP Provides Information on Accrual of Unlawful Presence by F and M Nonimmigrants
- USCIS Issues Updated Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants