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International Student and Scholar Services

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".

You are eligible for a Cap Gap Extension to your OPT employment if:

  • Your employer timely filed an H-1B petition that was receipted before the end date of your OPT EAD AND
  • Your employer is subject to the numerical "cap" AND
  • The H-1B petition requested a change of status AND
  • The H-1B petition requested an October 1st start date

IMPORTANT: If your H-1B petition was receipted after your OPT EAD card expired (but before your 60-day grace period ended), then you are eligible for a Cap Gap Extension to your F-1 status, but 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.

Your 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 other than October 1st 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)