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:
- USCIS: Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations
- Study in the States: H-1B Status and the Cap Gap Extension
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)