United States Citizenship and Immigration Services (USCIS) has completed the H-1B petitions selection for processing under the government-imposed cap, and, at this time, all petitioners that have not received receipt notices for their H-1B submissions should anticipate the petitions’ return with standard rejection letters from the USCIS. Importantly, foreign students using the “cap gap” provisions allowing them, upon filing of the capped H-1B proceedings, to work for the validity period of their Optional Practical Training (OPT) or until receipt of the rejection letter, whichever comes later, should discuss the next immigration steps with their respective employers and schools. The 60 day grace period for F-1 students starts upon the OPT Employment Authorization Document expiration or the rejection notice for the H-1B proceedings receipt, whichever occurs later.
Department of Homeland Security