Our Videos

FAQ / What documents can an F-1 student with automatic employment authorization under the cap-gap provision show his or her employer when completing the Form I-9?


*
The DSO will issue a “cap gap” I-20 which will show on page 3 that the student’s employment authorization has been extended and the effective dates. The student may need to provide the DSO with evidence of a timely filed H-1B petition during the H-1B acceptance period if the student’s record has not been updated via an interface with USCIS.
*
The expired Form I-766 EAD (issued under category (c)(3)(i)(B) or (c)(3)(i)(C)) combined with a “cap gap” Form I-20, endorsed to show that the student’s employment authorization is still valid, and the USCIS receipt notice (Form I-797, Notice of Action), showing receipt of the H-1B petition are the equivalent of an unexpired Employment Authorization Document under List A, #4 of the Form I-9. This combination of documents satisfies the Form I-9 document presentation requirements until September 30, or on the date of rejection, denial, or revocation of the petition. If the receipt notice has not yet been issued, the expired EAD and cap gap Form I-20 are sufficient. This combination of documents satisfies the Form I-9 until the expiration date noted on the cap gap Form I-20, but not later than September 30. If the student presents a “cap gap” Form I-20 without a receipt notice, the employer must re-verify upon the expiration date noted on the Form I-20. The student may present another cap gap Form I-20 indicating continued employment authorization to satisfy the re-verification requirement.


Keywords: document,
 




Testimonials

Brenna Erford

Thank you SO much for all your help, and your excellent communication throughout this whole proce...
Read More »
John Beacleay

Just wanted to say thanks again for all your help Anton. I mean it's really amazing to me that yo...
Read More »
Niranjan Sujay
I recently used LOGOS INTERNATIONAL for the translation of my bachelor’s certificate, and I couldn’t...
Read More »
Katia Nagata

As a foreigner, I needed a certified translation, so I called the DOE to give me a list of the ce...
Read More »




FAQ

Q. What is the Foreign Sovereign Immunities Act?
Read More »
Is it safe to travel to ... ?
Read More »
Q. I chose to have my tax refund deposited onto a "stored value card" or debit card through the professional tax preparer I used. Will my stimulus payment be directly deposited onto that same stored v
Read More »
How soon can I get my apostille?
Read More »






News

October 5, 26
Virginia initiates automatic criminal record sealing
Read More »
September 25, 26
Paper shortage results in birth and death certificate delays in Texas
Read More »
September 18, 26
Apostille Convention takes effect in Vietnam
Read More »
September 11, 26
Actress Shelley Fabares died from pneumonia – death certificate
Read More »