September 30, 2018 is the end of work authorization for F-1 cap-gap students who have H-1Bs pending with USCIS – it is only 10 days away! USCIS is still issuing RFEs on cap cases and seem to be in no hurry to prioritize adjudication of H-1B cases for cap-gap students. Additionally, with the suspension of Premium Processing by USCIS, F-1 students in cap-gap status are unsure of what steps to take and how to expedite their cases. GLF has been receiving a lot of calls from F-1 students in cap-gap status. GLF advises students to contact their H-1B petitioners and have their employer or their counsel file an expedite request with USCIS by calling Customer Service at 1-800-375-5283. An inability to earn a pay-check should count towards “severe financial loss to a company or person.” Even if the expedite request is denied, F-1 cap-gap students are advised that they can stay in the US lawfully and do not have to depart from the United States until their H-1B case is decided.
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