Students on post-graduation F-1 OPT, waiting for a decision on their employer’s H-1B application, can’t work as of Oct. 1 unless they have separate authorization to do so. On September 28, USCIS reminded F-1 students with “cap-gap” extensions of their OPT with pending H-1B applications that their cap-gap employment authorization lasts only through September 30, 2018. If the worker continues employment without authorization, this can trigger the accrual of unlawful presence which can lead to serious immigration consequences.
USCIS has suspended premium processing of H-1B petitions, which is causing delays in decisions. As long as the student doesn’t work without permission or otherwise violate status, she or he is allowed to remain in the U.S. while the change of status petition is pending and should not accrue unlawful presence.
