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Reminder: The F-1 ‘Cap-Gap” Work Authorization Extension Protection Valid Only Through September 30, 2018

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Pasricha & Patel Takeaways:

USCIS has issued a reminder that those affected F-1 students who still have pending H-1B change of status petitions with the USCIS and who have been under ‘cap-gap protection’ may not continue to work on or after October 1, 2018, UNLESS they are otherwise authorized to continue employment (via their still-valid EAD cards).

“Cap-gap protection” was the way for F-1 students to continue to work in the U.S. while awaiting the results of their change of status petitions from F-1 to H-1B. The “cap-gap protection” only lasts until September 30, 2018. Those affected F-1 students must cease employment immediately on October 1, 2018, or risk violating their status and accruing unlawful presence in the U.S.

However, the USCIS reminds those affected F-1 students that they can continue to remain in the U.S. past October 1, 2018 to wait for the results of their change of status H-1B petitions. Also, those post graduate OPT/EAD card holders who still have valid EAD cards can continue their employment until such time as their EAD card expires. The “cap-gap protection” end date does not affect them.

For any questions about this article or any other questions regarding U.S Immigration Law, please do not hesitate to contact us.