Cap-Gap Rule for F-1 OPT and H-1B Cap Filer
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
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Rajiv's Comments in the News - International Students In Jeopardy As Visas Are Revoked
Published by: Galveston County Daily News - April 22, 2025
https://www.galvnews.com/international-students-in-jeopardy-as-visas-ar…
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in the News - By Weaponizing Arrest Records and Suspending Due Process, the Trump Administration Has Targeted Over 1,000 Foreign Students
Published by: Drop Site News - April 20, 2025
https://www.dropsitenews.com/p/deportation-students-ice-dhs-visas
Quotes and Excerpts from Rajiv in the article:
What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff
Question details
I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:
Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)
I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.
My question is:
If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?
Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.
FAQ Transcript
Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.
Recording for June 12, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
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FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?
USCIS Releases Policy Memo on 17-Month Extension of Post-Completion OPT for F-1 Students Enrolled in STEM Degree Programs
- USCIS interim memo clarifying the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs. Comments accepted until 11/1/13 and memo is in effect until further notice.
Please check the attached memo.
Rajiv's Comments in The Times of India - Senators unveil bipartisan H-1B, L-1 visa reforms bill: US educated STEM individuals to get priority in selection
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article: