F-1 Cap-Gap Students can’t work after Sept. 30 if H1 is not approved

[tacobell fan]

 

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30. 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 Oct. 1.

USCIS regulations allow an F-1 student who is the beneficiary of a timely filed H-1B cap-subject petition requesting a change of status to H-1B on Oct. 1, to have his or her F-1 status and any current employment authorization extended through Sept. 30. This is referred to as filling the “cap-gap”,  meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur. The “cap-gap” period starts when an F-1 student’s status and work authorization expire, and they are extended through Sept. 30, with Oct. 1 being the requested start date of their H-1B employment, unless otherwise terminated or the H-1B petition is rejected or denied prior to Oct. 1.

While the temporary suspension of premium processing of certain types of H-1B petitions has allowed USCIS to allocate additional resources to prioritize the adjudication of these cap-gap cases, if a cap-gap H-1B petition remains pending on or after Oct. 1, the F-1 student is no longer authorized to work under the cap-gap regulations. However, the F-1 student generally may remain in the United States while the change of status petition is pending without accruing unlawful presence, provided they do not work without authorization. If an F-1 student with a pending change of status petition has work authorization (such as an I-765 with valid dates) that extends past Sept. 30, they may continue to work as authorized.

USCIS is committed to adjudicating all petitions, applications, and requests fairly and efficiently on a case-by-case basis to determine if they meet all standards required under applicable laws, regulations, and policies.

https://www.uscis.gov/news/alerts/f-1-cap-gap-status-and-work-authorization-extension-only-valid-through-sept-30-2018

 

[samaja_varagamana]

friend already flyt ekadu 😔

[tacobell fan]

1 minute ago, samaja_varagamana said:

friend already flyt ekadu 😔

oh man. Can’t imagine being in that situation 

[Paidithalli]

Hmmm.. daridram anthe . Rekkadithe Dokka_dani jeevithalenno ? Alantollatho thatha kabaddi adthunnadu 

[tacobell fan]

2 minutes ago, Paidithalli said:

Hmmm.. daridram anthe . Rekkadithe Dokka_dani jeevithalenno ? Alantollatho thatha kabaddi adthunnadu 

Vadiki middle class means nothing. He don’t give a “D A M N” for their life 

[Yaman02]

2 minutes ago, Paidithalli said:

Hmmm.. daridram anthe . Rekkadithe Dokka_dani jeevithalenno ? Alantollatho thatha kabaddi adthunnadu 

👌

[tacobell fan]

Worst part they announced Friday evening to corner the poor students 

[LungiLingaraju]

Eee rule mundu unde kada ??

[MuPaGuNa]

idi eppati nundo vundi,kothemi kaadu kada...

oct 1st nundi no work,only us lo vundochu anthe eh okati result telise varaku...

kaakapothe last week edo news vahindi kada ,opt ayipoyaka vellipovali ani...inkaa official ga em raaledu

[karthikn]

27 minutes ago, samaja_varagamana said:

friend already flyt ekadu 😔

relatives abbayi.. thammudiki h1 approved last year e.. anna ki no h1 lottery from 2 years or so.. going to india inka.. 

2nd masters lite aa 

[raithu_biddda]

**

 

[bhaigan]

Yeah ee rule pathade, even H1 people also same I94 expire ayithe vellipovali

[raithu_biddda]

**

 

[Staysafebro]

Ayina all students working on CPT no?

[Staysafebro]