October 1st is officially the first day the new H-1B’s filed in April Cap can start if approved and an I94 issued.

For all the F-1 based Change of Status beneficiaries who have received an approval make sure you have received the approval with an I-94. The I-94 is on the bottom left of all approvals if an I94 is granted. If not, the approval typically states that a consulate is notified. In case the change of status is not granted but consulate is notified, in general, the beneficiary would need to travel to an appropriate US consulate to get the H-1B visa. If the Change of Status is granted and I94 is issued, the employee can stay in the country without the need to approach the consulate as of October 1, 2018.

For all the employees who are currently working on CAP-GAP but have not yet received an approval, the beneficiary would need to stop working on CAP-GAP till a decision is made by USCIS.

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