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:
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in the News - US proposes ‘time limit’ on stay of foreign students: How it will impact Indians
Published by: Business Today- July 02, 2025
https://www.firstpost.com/explainers/us-time-limit-rule-stay-foreign-st…
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.
USCIS Uncovers U Visa Fraud Scheme by Corrupt Law Enforcement, Leading to Federal Indictments
Release Date
07/17/2025
LAFAYETTE, La. — Five Louisiana men, including four active and former law enforcement officers, were indicted Wednesday on charges of bribery, conspiracy to commit visa fraud, and mail fraud, following a federal investigation initiated by U.S. Citizenship and Immigration Services. USCIS fraud detection officers uncovered a pattern of inconsistencies among U visa applications, spurring a multi-agency federal investigation.
Recording for June 12, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Green Card
FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?
USCIS Approves 10,000 U Visas for Fourth Straight Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U nonimmigrant status (U visas) for fiscal year 2013. This marks the fourth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
Each year, 10,000 U visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U-visa petition requires certification of assistance from law enforcement.
USCIS Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status
Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status
The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Questions and Answers pertaining to U nonimmigrant visas.
USCIS Approves 10,000 U Visas for 5th Straight Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2014. This marks the fifth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification of assistance from law enforcement.
F-1 OPT Unpaid Employment Acceptable
We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status. We have argued that such holding is contrary to all law, policy and precedence. Students are NOT required to engage in PAID employment. All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).
GAO Report on Student and Exchange Visitor Program
U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), has not identified or assessed fraud or noncompliance risks posed by schools that recommend and foreign students approved for optional practical training (OPT), in accordance with DHS risk management guidance.
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
DOL to Support Of Victims of Human Trafficking and Other Crimes Seeking Immigration Relief
In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting.
USCIS Approves 10,000 U Visas for 6th Straight Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2015. This marks the sixth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
Substantial transcription for video
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;