End of OPT Cap-Gap and Unlawful Presence

USCIS announced that F-1 students who have an H-1B petition that remains pending on October 1, 2018 risk accruing unlawful presence if they continue to work pursuant to “cap-gap” because the “cap-gap” work authorization expires on September 30, 2018.  The USCIS announcement said that while F-1 students may remain in the U.S. while the H-1B petition and request for change of status is pending, they are not authorized to work after September 30, 2018.