USCIS UPDATES H-1B FAQS FOR CAP-GAP F-1 STUDENT CASES - Atlanta Immigration lawyer | Best immigration attorneys Atlanta GA

USCIS updates H-1B cap gap FAQs for students who are in the U.S. in valid F-1 student status and working under OPT or Optional Practical Training. It is not a new guidance but rather an expansion on their policy that basically these students can remain in the U.S. and continue to work (their OPTs are automatically extended) as long as the H-1B visa remains pending and a timely change of status petition is filed from F-1 to H-1B with a start date of October 1, 2012.
The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and receipt notice (Form I-797, Notice of Action). The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States, except if the revocation was due to fraud, material misrepresentation or due to the student’s own violation of status.
The updated FAQs are at: