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USCIS issued a policy memo on August 9, 2018,  regarding “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,”. A lawsuit has been filed this week stating this memo as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution.  This...

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid through Sept. 30, 2018 F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid...

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