Latest News & Updates

UNITED STATES – Automatic Cap-Gap Solution for F-1 Students

April 26, 2010
News & Updates, USCIS
Last year, the U.S. Citizenship and Immigration Services (USCIS) introduced an interim rule that generates an automatic extension of status for certain F-1 students with approved H-1B petitions filed under the FY2010 H-1B cap. This interim rule remains in force for the FY2011 H-1B cap this year. A gap in status can occur between the time an employer files a petition for an F-1 student to change to H-1B status and the time the H-1B status becomes active on October 1st. Specifically, in years where all H-1B numbers are exhausted, employers may not file an H-1B petition earlier than April 1st for the following fiscal year, which starts October 1st. So, for example, if an F-1 student has approved optional practical training (OPT) work authorization that expires on July 1st, and her H-1B status cannot begin until October 1st, there would be a 3-month gap during which she could not work. (And, incidentally, in this example she would be required to return to her home country until her H-1B status became active, at which time she would need to apply for an H-1B visa stamp at a U.S. consular post before she could re-enter the United States in H-1B status.)
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TAIWAN – Former Director for the American Institute in Taiwan Supports ECFA

Former American Institute in Taiwan Director Douglas H. Paal believes the Economic Cooperation Framework Agreement (ECFA) will have a significant economic impact throughout the world. He believes it will demonstrate that closer economic ties with the People’s Republic of China are good for Taiwan and its financial future. The ECFA is a proposed agreement between the governments of Taiwan and mainland China that would enable Taiwan to generate economic integration China. The agreement is still under negotiation and stands to be finalized sometime in June of this year.
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