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Cap Gap Extension

"Cap Gap" is a term used to describe the "gap" between the end of OPT/STEM Extension and the beginning of H-1B status with an employer subject to the H-1B "cap".

Here are some additional resources related to Cap Gap:

You are eligible for a Cap Gap Extension if all of the following are true:

  • You are maintaining your F-1 status
  • You are the beneficiary of a nonfrivolous, properly and timely filed H-1B petition
  • Your employer is subject to the numerical "cap"
  • The H-1B petition requested a change of status (NOT consular processing)
  • The H-1B petition requested a start date between October 1 and April 1 of the following year

What is Extended

  • If your H-1B petition was receipted before the expiration date on your OPT/STEM EAD card, then both your F-1 status and employment authorization will be extended to April 1 of the following year.
  • If your H-1B petition was receipted after the expiration on your OPT/STEM EAD card (but before the end of the 60-day grace period following that date), then only your F-1 status will be extended and not to your employment authorization. You can remain in the U.S. in F-1 status, but you cannot work, during the "gap" period.

F-1 students who are eligible for Cap Gap and would like a new I-20 printed reflecting the extension of their status/employment should submit a Cap Gap Request in the ISSS Portal.

You are NOT eligible for a Cap Gap Extension if:

  • Your employer is cap-exempt OR
  • Your H-1B petition requested "consular processing" OR
  • Your H-1B petition requested a start date outside of the applicable fiscal year OR
  • Your H-1B petition was filed after your 60-day grace period expired (if this occurs, USCIS will likely deny the change of status portion of the petition, and you will be required to travel to change status)