Tools Search
Main Menu

F-1 Cap Gap Extension

If an employer intends to sponsor you for the H-1B Temporary Worker status, you may be eligible for an automatic Cap Gap extension of your F-1 status and OPT/STEM work authorization. The extension is intended to eliminate the gap in employment authorization and immigration status between when your F-1 OPT/STEM OPT ends and when the H-1B status starts - provided certain conditions are met. To be eligible for the Cap Gap extension of both your status and work authorization, the following must be true:

  • Your employer files the H-1B petition with USCIS while your OPT/STEM OPT authorization is active. Simply being selected in the lottery is not sufficient.
  • Your OPT/STEM OPT EAD end date is before October 1 of the year the H-1B petition is filed. If your work authorization will remain valid through October 1, the Cap Gap extension will not be necessary.
  • Your employer requests a Change of Status from F-1 to H-1B in the H-1B petition. H-1B petitions filed under Consular Notification processing do not qualify.
  • Your employer requests October 1 for the start date of the H-1B status.
  • Your employer is not a cap-exempt employer.

Once your circumstances meet all of these conditions, you may request documentation of the Cap Gap extension by submitting an I-20 Reprint Request in URcompass. You will be required to provide evidence of the H-1B filing in your request - either the H-1B Receipt Notice or the H-1B Approval Notice. Page 2 of the I-20 will reflect the Cap Gap extension of your work authorization to September 30. All F-1 regulations, including reporting requirements, remain in effect during the extension period.

USCIS will NOT issue a new Employment Authorization Document (EAD card) or other documentation to show that your OPT/STEM OPT period has been extended. Instead, students may only obtain an updated I-20 showing that the OPT/STEM OPT work authorization end date has been extended.

Eligible Extension Period

The length of a Cap Gap extension will vary, depending on the amount of time between when your F-1 OPT/STEM OPT authorization ends and October 1. Once the H-1B petition is receipted (meaning it has been selected under the quota and an official Receipt Notice is issued), the extension is valid through the end of the fiscal year (September 30), when an approved H-1B status would then take effect. However, if your petition is properly filed but your OPT will expire before a receipt can be issued, you may be eligible for a temporary extension based on the period when H-1Bs are expected to be assigned under that year's quota. This extension date varies each year, but is usually through early June.

In the event that the application is withdrawn or denied, the extension is automatically shortened to 10 days from that action. If your current OPT/STEM OPT authorization surpasses your eligible extension period, your OPT/STEM OPT remains valid through the originally approved end date. In all of these scenarios, the standard F-1 grace period of 60 days may be available after the work permission expires.

The Cap Gap extension is granted only for the active permissions that were authorized on the day the Change of Status H-1B petition is properly filed. If your OPT/STEM OPT has already expired when the H-1B application is filed with USCIS, only your permission to stay in the United States during your F-1 grace period will be extended.

Keep in mind that any changes to your H-1B application will determine the valid extension date, regardless of what the I-20 shows. F-1 students will need to communicate regularly with their employer to make sure they are aware of the status of their H-1B petition.