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Status while H-1B Cap adjudication pending

Question: My current cap gap extension will expire soon. What will be my status after expiry as I am still waiting to hear on my case for H-1B.

Answer: It sounds like you are wondering what your status will be as of October 1st since your H-1B Cap Petition has not yet been adjudicated.  You are allowed to continue to remain in the country while your petition is pending, even after October 1st, but unfortunately your cap gap will expire September 30th and you will therefore lose work authorization.  USCIS did recently announce that premium processing has resumed for all 2018 cap cases, though, so you might consider discussing with your employer whether an upgrade to premium processing would be a good idea.

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