Grace Period Extension: Cap Gap For International Students

The cap-gap extension is a period in which an eligible F-1 student's status is automatically extended to bridge the gap between the end of their F-1 status and the start of their H-1B status. 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 H-1B petition. The cap-gap extension allows students to stay legally in the country and extend their work authorization. However, if a student is in their 60-day grace period, their legal status to remain in the US is extended, but they are required to stop working until their H-1B status takes effect.

Cap-Gap extension eligibility

The Cap-Gap extension is a period in which an eligible F-1 student's status is automatically extended to bridge the gap between the end of their F-1 status and the start of their H-1B status. The cap-gap extension is only available to students who, as of April 1 (the beginning of the H-1B filing season), were either on approved OPT or in their F-1 60-day grace period. The student must be the beneficiary of an H-1B petition that is timely filed before their F-1 status expires and within the H-1B filing deadline. The petition must also request an H-1B employment start date in the fiscal year for which such H-1B status is being requested.

To be eligible for a cap-gap extension, students must meet the following requirements:

• Be an F-1 student with a timely-filed, cap-subject H-1B petition that requests a change of status to H-1B within the fiscal year for which status is being requested.
• Have an H-1B petition that is properly filed, indicating a change of status rather than consular processing.
• Have an H-1B petition filed during the applicable H-1B filing period, which begins on April 1, while the student's authorized F-1 duration of status admission was still in effect, including any grace period.
• Ensure that the H-1B petition is filed before the end of their grace period, so they can legally stay in the United States until the H-1B takes effect.
• Be in a period of authorized post-completion OPT on or after the date the H-1B petition is received by USCIS.
• Not have violated the terms or conditions of their F-1 status.

It is important to note that the cap-gap extension does not authorize students to work. Students who are in their 60-day grace period when the petition is filed will have their F-1 status extended, but they will not be eligible to work. Only the employer can provide accurate, official updates regarding the H-1B application. Students must also stay in close communication with their petitioning employer during the cap-gap extension period for status updates.

F-1 status extension

An F-1 student can extend their status in the US by applying for a cap-gap extension. This is an automatic extension of their F-1 status, which begins once a petitioner has properly and timely filed a request to change status to H-1B. The cap-gap extension is available to students who are unable to remain in the US due to a gap between their F-1 status end date and their approved H-1B start date.

To be eligible for the cap-gap extension, the student's F-1 status must end between April 1 of the current year and April 1 of the following year. The H-1B petition must also request a start date between October 1 of the current year and April 1 of the following year. The cap-gap extension allows students to stay in the US legally and extend their work authorization for any approved post-completion OPT or STEM extension OPT.

To apply for the cap-gap extension, students must submit a Cap Gap I-20 Request through MyISSS. The student's employer must also file an H-1B petition with USCIS to change the student's status to H-1B. The cap-gap extension is only valid until September 30, and if the H-1B petition is still pending after October 1, the student can remain in the US.

Students can also extend their F-1 status for academic, medical, or administrative reasons. To do so, students must meet with their academic advisor or graduate program coordinator to obtain a recommendation and prepare the necessary materials. The extension request materials can then be submitted through M-Passport > Requests > Extension of I-20. It is recommended to submit the extension request at least 1-2 months before the expiration of the current I-20 form.

Work authorization

The cap-gap extension is a period in which an eligible F-1 student's status is automatically extended to bridge the gap between the end of their F-1 status and the start of their H-1B status. The cap-gap period starts when an F-1 student's status and employment authorization expire and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.

If an F-1 student is in a period of authorized post-completion OPT on or after the date the H-1B petition is received by USCIS, their post-completion OPT is also automatically extended. However, the cap-gap extension does not serve to reinstate or retroactively grant employment authorization. While an F-1 student's legal status to remain in the US is extended, they are required to stop working until their H-1B status goes into effect.

To be eligible for a cap-gap extension, the H-1B petition must be timely filed, which means that the petition was filed during the applicable H-1B filing period, which begins on April 1, and while the student's authorized F-1 duration of status admission was still in effect, including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the "grace period".

If an F-1 student is in their 60-day grace period when the H-1B petition is filed, their F-1 status is extended, but they are not authorized to work. The cap-gap extension will automatically terminate if the student's H-1B petition is denied, withdrawn, revoked, rejected, or not selected, or if the change of status request is denied or withdrawn. In this case, the student will have a standard 60-day grace period from the date the extension of status terminated or their program end date, whichever is later, to depart the United States.

Grace period rules

The grace period is the maximum amount of time an international student is allowed to remain in the United States after the completion of their program. This period is designated to facilitate departure from the US or plan their next steps. The duration of the grace period varies across the three US student visa statuses:

• F-1 students who have completed their program are allowed to remain in the US for up to 60 days. This period starts the day after the program end date, as shown on Form I-20.
• F-1 students who engage in any period of authorized employment after graduation, such as post-completion OPT or STEM OPT Extension, are allowed to remain in the US for up to 60 days after the completion of OPT or STEM OPT. In this case, the 60-day countdown will start the day after the post-completion OPT or STEM OPT end date as shown on Form I-20.
• J-1 Exchange Visitors, regardless of category, have a grace period of 30 days. This starts on the last day of your studies, employment, or other activity, regardless of the end date listed on Form DS-2019.

International students in F-1 status are eligible for two distinct grace periods: a 60-day grace period following the completion of degree requirements or OPT, and a 15-day grace period after an authorized leave of absence is approved. During the 60-day grace period, students can apply for Optional Practical Training (OPT) if eligible, transfer their F-1 status to another school in the US, apply for a change to another visa status, or pursue another degree.

It is important to note that students who have not completed their program of study are not eligible for the 60-day grace period. Additionally, students who decide to withdraw or take a leave of absence without prior approval will not receive a 60-day grace period but will be granted a 15-day grace period. Overstaying the grace period can result in severe penalties, such as being unable to change your immigration status while in the US and getting barred from entering the country for up to 10 years.

Cap-Gap extension termination

The cap-gap extension period can be terminated in several ways, resulting in the loss of benefits that allow eligible F-1 students to remain in the US while transitioning from F-1 status to H-1B status.

The cap-gap extension of status will automatically terminate if the student's H-1B petition is denied, withdrawn, revoked, rejected, or not selected. Additionally, if the change of status request is denied or withdrawn, the cap-gap extension will terminate, even if the H-1B petition is approved for consular processing.

If the student's H-1B petition is approved, the cap-gap extension will continue until April 1 of the fiscal year for which the H-1B status is requested or until the validity start date of the approved petition, whichever comes earlier.

It is important to note that students on a cap-gap extension are still subject to the unemployment limits of their F-1 status. For example, students on STEM OPT have a 150-day unemployment limit during the cap-gap extension.

If a student's cap-gap extension is terminated, they will enter the standard 60-day grace period, during which they are not authorized to work. They must make arrangements to depart the United States within this period unless they have another valid immigration status that allows them to remain.

To avoid any issues, students should maintain close communication with their petitioning employer and seek appropriate legal advice if needed.

Frequently asked questions