F-1 to H-1B Cap-Gap Extension
A cap-gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the U.S. during the "gap”. Only your employer can provide accurate, official updates regarding your H1-B application.
The cap-gap extension is available to students who are either on approved F-1 OPT or STEM OPT or in their 60-day grace period and have a pending or approved change of status to H-1B that was filed to USCIS in a timely manner. The H-1B petition must be for a cap-subject H-1B that starts on October 1. It must be properly filed with USCIS prior to the expiration of the student’s OPT/STEM OPT or the 60-day grace period. For more information, see the USCIS Cap-Gap webpage.
It is important to understand that the H-1B registration process is different than the H-1B Change of Status filing process. To qualify for the F-1 OPT cap gap extension, the employer must have submitted the Form I-129 requesting Change of Status and an employment start date of October 1, and the I-129 filing MUST BE Received by USCIS before the expiration of the OPT/STEM EAD or 60-day grace period.
If eligible for the cap-gap, you may receive one of the following benefits:
- If the employer filed your H-1B (change of status) petition and it is received by USCIS prior to your post-completion OPT or STEM OPT expiration date, you qualify for an extension of your OPT employment authorization.
- If the employer filed your H-1B (change of status) petition and it is received by USCIS after your post-completion OPT or STEM OPT expires but during your 60-day grace period following OPT, your F-1 status and permission to remain in the U.S. are extended, but you are not eligible to work.
H-1B consular processing
Those filing for H-1B via consular processing DO NOT qualify for the cap-gap extension. You must confirm with your employer if the H-1B will be filed as “Change of Status” or via “Consular Processing.”
Note: Consular Processing involves traveling, obtaining an H-1B visa stamp in your passport at a U.S. consulate or embassy abroad, and re-entering the U.S. in H-1B status. This process is different from changing your status within the U.S. You should consult with your employer or immigration attorney for more information.
Request for Cap-Gap Extension I-20
If your H-1B petition has been filed by your employer and receipted by USCIS, you are eligible for an automatic cap-gap extension I-20 through September 30th. To request this cap-gap extension I-20 submit New I-20 Request Form.Your international advisor will then issue you a new I-20. Processing time for a new I-20 is 2-4 business days.
Travel during Cap-Gap Extension period
A valid EAD card is required to re-enter during the cap-gap extension period along with a valid passport, F-1 visa, signed I-20, and employer letter. Students with EAD cards that have expired are not eligible to re-enter the U.S. during the cap-gap extension period. If you must travel during the extension period, be prepared to apply for your H-1B visa outside the US and adjust your return travel plans accordingly.
Please note, traveling outside the U.S. may interfere with the processing of your H-1B petition. The Office of International Affairs advises students to consult with their employers and attorneys regarding all travel plans before departing the U.S.
