I am currently working on OPT valid until May. My employer will file an H1B petition for me in the first week of April for the start date of October 1st. …11 Jan 2016
… My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents. Will they also be in status during my cap-gap period?
Yes. Pursuant to the regulation at 8 CFR §214.2(f)(5)(vi) “[a]n automatic extension of an F-1 student’s duration of status … also applies to the duration of status of any F-2 dependent aliens.” Your dependents will not need to take any separate action to maintain valid F-2 status during your cap-gap period. (08.Jan.2016)
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