Immigration Issues/the H1 and cap Gap


I had a cap gap from June 1st to Sep 30 while applying for the H1B.To fill the cap gap I joined the college. But USCIS just published news  that if the H1B is approved, you don't have to maintain your status during the cap gap. Now, in my case, my H1B is not approved yet and I have already joined the college to maintain the cap gap.
Now my question is do I have to continue the school if my H1B is approved? Can I just stop going to school if my h1b is approved?
I would like to thank for your valuable suggestion

You can stop going to school once you know your H1B has been accepted/approved.  To be absolutely safe, I would recommend that you continue with school until it is approved as I do not know if the H that was filed will be successful.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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