By Angelita Chavez-Halaka and Armando Escobedo
F-1 students who filed H-1B Cap-subject petitions may begin accruing unlawful presence if their H-1B petition has not been adjudicated by October 1, 2018 and they continue to work after their work authorization has expired.
While the H-1B Cap-subject petition is pending, F-1 students may remain in the U.S. without accruing unlawful presence if they are not otherwise violating their status, such as working without authorization.
We encourage individuals to be aware and vigilant as to what is considered unauthorized activity to avoid violation of status.
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