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.
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?
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.
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;
