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Protecting The Rights Of Immigrants Nationwide

Questions and Answers Regarding Automatic F-1 Visa Extensions for Students with Pending or Approved H-1B Petitions With an Employment Start Date of October 1, 2011

USCIS recently published an article addressing Questions and Answers in regards to automatic F-1 visa extensions for students who have pending or approved H-1B petitions with an employment start date of October 1, 2011. Many of the explanations center on addressing the term “cap-gap.”

Certain government regulations allow some students with pending or approved H-1B visa petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would typically expire through the start date of their approved H-1B visa. This extension is known as “cap-gap” because the regulations basically work to fill the “gap” between the end of F-1 status and the start of the H-1B status. For more information on “cap-gap” and extension of Post-Completion Optional Practical Training (OPT), please visit the USCIS website for the full article.

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