F-1 Cap-Gap OPT Extension
The “Cap-Gap” is the period of time between the expiration of a student’s OPT and the start date of an H-1B petition.
The “Cap” refers to the numerical limit of the number of people who can obtain H-1B status in a federal fiscal year.
-
April 1 marks the opening of the H-1B filing season, when USCIS (U.S. Citizenship and Immigration Services) begins acception petitions for H-1Bs for the coming fiscal year
-
The federal fiscal year runs from October 1 through September 30
If a student’s H-1B is subject to the cap and their OPT (or STEM Extension) expires before September 30, the time between the EAD expiration date and October 1 is called the “cap-gap.”
Important Note: Higher education institutions, non-profit and government research organizations are exempt from the H-1B cap. They can file H-1B petitions any time of the year and are not subject to the numerical limit. Cap-exempt employers like these may plan advance to avoid any gap between OPT and the H-1B status start date. Since they are exempt from the cap, the information below is not applicable to them.
Cap-Gap Eligibility
If a student meets the following criteria, they may be entitled to an extension of F-1 status and employment eligibility to cover the “Cap-Gap” period.
-
You have maintained your F-1 status
-
Your employment is subject to the H-1B cap
-
Your EAD expires between April 1 and September 30
-
The H-1B petition was filed before your EAD expired
-
Your employer filed an H-1B petition for “Change of Status” on or after April 1
-
You must get a receipt notice
As long as your H-1B application was filed with a change of status and is part of the H-1B quota, then your OPT is extended through September 30. The cap-gap extension and its work authorization ends on October 1, when the H-1B status begins.
Check with your employer to make sure that they filed your H-1B with a change of status.
Additional information can be found on the USCIS and Study in the States websites.
FAQs
Can I travel while my H-1B status is pending?
No. Do not leave the United States–for work obligations or any other reason–while you are waiting for your H-1B change of status to be approved. Leaving the United States will make you ineligible for the cap-gap extension.
Can I Request an Updated I-20 Showing my Cap-Gap Exension?
Yes. Though you do not need an I-20 showing your cap-gap extension for your work authorization to be valid, you might want an updated copy of your I-20 anyway.
International Student Affairs can create an I-20 for you that records your cap-gap extension, so long as it is shown in your SEVIS record.
First, your H-1B petition must be officially received by USCIS. Once that is done, SEVIS is automatically updated confirming its receipt.
Then, you may submit a request through the International Student Portal.