Cap Gap Extension

F-1 students who are the beneficiary of a timely-filed H-1B petition may be eligible for an extension of work authorization called the 鈥渃ap gap鈥 extension. You may learn more about the cap gap extension on the . If your H-1B petition has been receipted or approved by USCIS, you are eligible for a cap gap extension until April 1 of the fiscal year for which the petition is being filed or until the validity start date of the approved petition, whichever is earlier. If your H-1B petition is denied, rejected, revoked, or withdrawn, your cap gap authorization will end as of that date. Please note that ISSS does not recommend traveling outside the U.S. during a cap gap extension.

F-1 students who are in their 60-day grace period when an H-1B petition is filed are eligible for an extension of F-1 status only and will not be eligible to work during that time. Students are only eligible to work if the H-1B petition is filed prior to the end date on the EAD. 

Note: USCIS has implemented a registration and selection process that occurs in March. If your employer's registration for you is selected in this process, they will be able to file an H-1B petition on your behalf. The selection process does not count as filing a petition. For cap gap purposes, the date on which your employer files the complete petition is the determining factor for eligibility. 

Eligibility

  • You must be in valid F-1 status.
  • You must be the beneficiary of an H-1B change of status petition that was filed while you were still in a period of OPT or STEM OPT in order to be eligible for an extension of work authorization. 
  • If your H-1B change of status petition was filed while you were in your grace period, you may be eligible for an extension of stay only but may not work during that time.
  • Your employer must be subject to the cap on H-1B petitions. Check with your employer to confirm whether your organization is subject to the H-1B cap.
  • The H-1B must have been filed as a change of status. If your petition was filed for consular processing, you are not eligible for a cap gap extension.

How to apply

Gather the required documentation

  • If your H-1B has been received but you do not have a receipt or approval notice, you will need
    • Letter from your employer confirming that you are the beneficiary of an H-1B change of status petition.
    • Proof of delivery to a USCIS Service Center with the date the petition was received.
  • If your H-1B has been receipted or approved, you will need a copy of the receipt or approval notice. 

Submit the Cap Gap I-20 Request e-form

You must submit the . You will need to upload documentation of your H-1B change of status petition. 

ISSS will review and process your request

ISSS processing time is typically 7-10 business days but may be longer if your SEVIS record was not updated with H-1B information automatically by USCIS. You will receive an email from ISSS when your new I-20 has been issued, and an electronic copy of your I-20 will be attached to the email.

Reporting requirements on Cap Gap

  • If you are on Post-completion OPT and your employment changes, you must inform ISSS by submitting the .
  • If you are on the STEM OPT Extension, you must report any changes in employment using the . You must also use that form to submit all required evaluations, including a final evaluation before your H-1B starts.
  • You must inform ISSS if your H-1B petition is denied, rejected, revoked, or withdrawn.