I applied for F-1 reinstatement last fall and my application is still pending. I am currently attending classes as a full-time student. However, my program will be over this coming May. …

… I received an employment offer from a prospective employer who has filed an H1B petition for me with a start date of October 1st, based on my previous degree. Will I be eligible for the cap-gap extension of my F-1 status, so that I can stay in the U.S. until the start date of my H1B employment?

Answer

The answer to your question depends on several factors. First, your employer’s H1B petition should have been filed requesting a change of status to H1B indicating that your F-1 reinstatement application was pending. Second, your reinstatement application must be approved before the end of your program of study and prior to the adjudication of the H1B petition. If this is the case, you will be back in valid F-1 status with a pending H1B petition requesting the change of status to H1B as of October 1st, which are all necessary conditions for you to be eligible to remain in the U.S. on the cap-gap extension of your F-1 status past the end of your program.  (08.Apr.2016)

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