Cap-Gap and Unlawful Presence Warning for F-1 OPT Students with Pending H-1B Petitions

September 30 marked the end of work authorization for F-1 students who were working based upon their pending  “cap-gap” H-1B petitions.  Until the H-1B petition is decided, these students can remain in the U.S. but must stop working as of October 1.  If the student continues working, he or she will no longer have legal status and will accrue unlawful presence, which could jeopardize their H-1B pet...
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