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FAQ / What were the prior cap-gap regulations for F-1 students?


* The prior regulations addressed the cap-gap problem by authorizing an extension of an F-1 studentís authorized stay, but they did not extend the studentís employment authorization. This extension was not automatic; a notice had to be published in the Federal Register announcing the extension.
* Under the prior regulations, when this Federal Register notice was published, the studentís authorized stay was extended, but not the employment authorization. This meant the student could remain in the United States until October 1, when the approved H-1B employment began, but could not work until then.
* If a Federal Register notice authorizing an extension was not published, affected students would in many cases be required to leave the United States, apply for an H-1B visa, and seek readmission to the United States in H-1B status.


 




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