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FAQ on H-1B Cap Gap


Apr 2, 2012

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student�s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the �cap-gap,� meaning the regulations provide a way of filling the �gap� between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students. The USCIS publishes the following FAQ to help employers and employees: FAQ on F-1 Students Ability to Work Pending an H-1

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