Students who are waiting for a status change can no longer work in the US

Since October 1 2018, students of American schools who are based in the country on the basis of their F1 visa and this year have applied to change their status to H-1B are not eligible to work legally in the United States. We will tell you what will happen with the status of stay in America and what to do next.

Фото: Depositphotos

According to the official report US Citizenship and Immigration ServicesThis year, the increased load led to the fact that the processing time for USCIS requests and petitions has increased significantly. As a result of this, last week the Service announced that it may not have time to consider all applications for changing status from F1 to H-1B to 30 September of 2018 inclusive.

The service warns: if students awaiting a change of status will work in America after this period, they will be counted as individuals illegally present in the United States.

In cases where an F-1 student who waits for a status change has another legal type of work permit (for example, I-765 with valid dates), which lasts from October 1 onwards, he can continue to work in the United States legally .

Important! As a rule, if USCIS did not have time to consider your application for a change of status after the expiry of the stipulated time limit (in case of timely submission), you have the right to remain in the US lawfully and wait until the decision on the petition is made. You will NOT fall into the category of persons illegally present in the United States unless you work without legal permission.

The rules allow a student who has timely filed a petition with H-1B requesting a change of status from October 1 to maintain the status of F-1 and the current work permit in the United States until September 30 inclusive. This is called “Cap-gap” and makes it possible to work legally in the interim period before the change of status. Cap-gap begins when F1 status and work permits expire. October 1 is considered the requested starting date based on H-1B, if the petition was not rejected before that date.

Temporarily suspending the processing of certain types of priority H-1B applications allowed USCIS to allocate additional resources to review Cap-gap cases, if the H-1B petition is not considered until October 1 or after this date, the F-1 student is no longer entitled to work on based on “Cap-gap”.

USCIS noted that it undertakes to fairly and effectively review petitions, applications and requests in each specific case in order to determine whether they comply with all standards stipulated by laws, regulations and policies.

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