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USCIS warns students about accrual of unlawful presence if they work after "cap gap" period

  1. Date Announced

    Sept. 28, 2018

    USCIS warns F-1 visa students that it may not be able to adjudicate H-1B change of status petitions for all F-1 students by October 1. Although students whose H-1B change of status petitions are still pending may remain in the U.S. without accruing unlawful presence, they would accrue unlawful presence if they continue to work after October 1 unless they have valid employment authorization. [ID #735]

    View Policy Document
  2. Effective Date of Change

    Oct. 1, 2018
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

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