Can F-1 Students Change to H-1B During a Government Shutdown?

F-1 students can still seek a change of status to H-1B during a federal government shutdown, but the timing hinges on a key step that pauses when funding lapses. While U.S. Citizenship and Immigration Services (USCIS) continues operations because it’s funded by filing fees, the Department of Labor (DOL) halts processing of Labor Condition Applications (LCAs), which are required before an employer can file the H-1B petition. Without an approved LCA, employers cannot properly file the H-1B petition that requests a change of status inside the United States. For students whose F-1 status is near expiration, the cap-gap extension may protect them while they wait, but only under specific conditions tied to the timing and posture of the H-1B filing.

How USCIS and DOL behave during a shutdown

• USCIS operations continue because they are fee-funded. That means:
  • Petitions already filed when a shutdown begins will continue to be adjudicated.
  • New filings can be submitted if the employer already holds an approved LCA.
• DOL processing of LCAs stops when funding lapses. That means:
  • New LCAs will not be filed or certified during the shutdown.
  • Employers without an approved LCA cannot properly file H-1B petitions requesting change of status until DOL reopens.

Employers and school advisers should factor in these delays, since missing the H-1B filing window can ripple through a student’s work plans and legal status.

Primary impact for F-1 students on OPT / STEM OPT

• The LCA roadblock is the main shutdown impact for most F-1 students on OPT or STEM OPT.
• The H-1B petition itself (Form I-129) can proceed at USCIS if and only if the certified LCA is included.
• If the LCA is unavailable due to the shutdown, employers must wait — potentially pushing filings past hiring timelines or leaving students in limbo while their F-1 periods continue to run.
• Premium processing speeds USCIS adjudication but does not affect DOL’s ability to process LCAs. Discuss premium processing with counsel only after the LCA is approved.

Cap-gap extension: what it does and when it applies

• The cap-gap extension bridges the end of F-1 status and the H-1B start date (usually October 1).
• If an employer files a timely H-1B petition requesting a change of status before the student’s F-1/OPT end date, the student may receive:
  • An automatic cap-gap extension of F-1 status, and
  • In many cases, continued work authorization until the H-1B start date.
• This bridge is crucial when USCIS is still considering the H-1B change of status request and the F-1 would otherwise expire.
• Analysis by VisaVerge.com notes the cap-gap is often the most critical tool for keeping students in status during the yearly H-1B transition when outside factors slow filings.

Travel and abandonment rules

If an F-1 student departs the United States while the H-1B change of status is pending, that travel is treated as abandoning the change of status request.

• Consequences of departing while pending:
  • The employer’s H-1B petition may still be approved, but
  • The student will likely need to complete consular processing (visa stamping abroad) and re-enter in H-1B status.
  • Consular processing can add time and risk, especially with appointment backlogs.

If the change of status is denied or withdrawn

• If USCIS denies the change of status request or the employer withdraws the H-1B petition before the change of status takes effect, outcomes depend on the student’s F-1 status:
  • If F-1 is still valid: the student may remain in F-1 until it ends, so long as they comply with all F-1 rules.
  • If F-1 has ended and cap-gap no longer applies: the student generally must leave the U.S. within the standard 60-day grace period, unless fraud or a status violation removed that grace period.
  • If F-1 expired while change of status was pending and no cap-gap applies: the student may be out of status and could face removal proceedings.

Practical planning and institutional effects

USCIS has confirmed it continues processing during shutdowns, but the DOL closure creates an LCA bottleneck. Consequences and recommended actions:

• Schools may see increased requests for updated Form I-20s showing cap-gap coverage.
• Employers may need to adjust onboarding dates or consider bridging work authorization where possible.
• The stakes are high for recent graduates who rely on uninterrupted pay and lawful presence.

Key practical steps for students and employers

1. Confirm LCA status early.
   • Without an approved LCA, an H-1B petition cannot be filed.
   • During a shutdown, expect LCA filing and certification to stop.
2. File the H-1B with change of status on Form I-129 as soon as the LCA is in hand.
   • Link the filing to the student’s current F-1 record and employment dates to support a cap-gap extension where eligible.
   • See USCIS guidance on cap-gap rules under F-1 status and H-1B filings at the official site: USCIS Cap-Gap Extension for F-1 Students.
3. Avoid travel while the H-1B change of status is pending.
   • Leaving the country abandons the change of status and may force consular processing.

1. Maintain F-1 compliance at all times.
   • Keep employment within OPT/STEM rules, update addresses, and work only for authorized employers.
2. Prepare for outcomes.
   • If denial or withdrawal occurs and F-1 coverage is over, plan for prompt departure within the grace period.

Employer filing checklist and resources

• Make sure the H-1B filing:
  • Requests a change of status explicitly.
  • Includes a certified LCA.
  • Uses Form I-129, Petition for a Nonimmigrant Worker.
  • Form available at: USCIS Form I-129
  • Shows the job meets specialty occupation standards and includes evidence of the student’s degree and status.

These elements are standard, but timing determines whether the cap-gap extension attaches and keeps the student in status through October 1.

Practical advice for students facing stress and delays

• Stay in full F-1 compliance and continue working under valid OPT if authorized.
• Coordinate closely with the employer so the H-1B can be filed immediately once the DOL resumes.
• Discuss backup options with a school adviser or immigration attorney — alternative categories or adjusted timelines may reduce pressure if delays persist.

Bottom line

• USCIS keeps processing H-1B petitions and change of status requests during shutdowns.
• DOL’s LCA pause can delay the start of that process and create a filing freeze for employers without certified LCAs.
• The cap-gap extension is a critical relief for eligible students whose F-1 status would otherwise end while a timely H-1B change of status is pending — but it is not a guaranteed cure-all.
• If change of status is denied, withdrawn, or abandoned, students must act quickly to remain within lawful status and avoid unlawful presence.
• Schools, employers, and students who prepare for the LCA bottleneck are better positioned to protect status until H-1B takes effect on October 1.