Douglas Olsen
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 H-1B status is requested. Cap-subject H-1B petitions that are properly and timely filed for an eligible F-1 student requesting a status change qualify for a cap-gap extension. If an F-1 student has entered the 60-day grace period, they will receive an automatic extension of their F-1 status but will not be authorized to work. If an F-1 student's H-1B petition is approved, their cap-gap extension of status will continue until April 1 of the fiscal year for which the status is requested. Students can remain in the U.S. during the extension period but cannot work.
| Characteristics | Values |
|---|---|
| Who is eligible for a cap-gap extension? | F-1 students |
| Who can apply for a cap-gap extension? | The employer |
| What is the cap-gap period? | The period between the end of OPT and the start of a timely filed H-1B petition requesting Change of Status |
| What happens if the student's H-1B petition is approved? | The student's cap-gap extension of status will continue until 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. |
| What happens if the student's H-1B petition is denied, withdrawn, revoked, rejected, or not selected? | The student's cap-gap extension of status will automatically terminate. |
| Can students work during the cap-gap extension period? | Yes, if they are eligible. |
| Can students travel during the cap-gap extension period? | Yes, but only if they have all the proper documentation. |
| What happens if the student's accompanying change of status request is denied due to a status violation, misrepresentation, or fraud? | The student is not eligible for the cap-gap extension of status and the 60-day grace period. |
| What happens if the student's petition was revoked based on a finding of a status violation, fraud, or misrepresentation discovered following approval? | The student is not eligible for the cap-gap extension of status and the 60-day grace period. |
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What You'll Learn
Cap-Gap extension eligibility requirements
The Cap-Gap extension is available to students who were either on approved OPT or in their F-1 60-day grace period as of April 1 (the beginning of the H-1B filing season). They must also have had a pending or approved change-of-status H-1B petition with the U.S. Citizenship and Immigration Services (USCIS) starting on October 1, filed before the expiration of their OPT or 60-day grace period.
The Cap-Gap extension does not apply if your H-1B is filed as consular processing, is withdrawn, or is denied. The length of a Cap-Gap extension is determined by the start date of the filed H-1B petition and the end date of OPT. If your OPT expires in July and your H-1B petition is approved to start on October 1, your Cap-Gap extension will cover July through September 30.
To be eligible for a Cap-Gap extension, students must meet the following requirements:
- File a timely H-1B petition: The H-1B petition must be filed during the applicable H-1B filing period, which begins on April 1, and while the student's authorized F-1 status is still in effect, including any grace periods.
- Request a change of status: The H-1B petition must request a change of status to H-1B within the fiscal year for which status is being requested.
- Maintain valid OPT authorization: The H-1B petition must be filed before the student's OPT authorization expires to maintain work authorization during the Cap-Gap extension.
- Stay within the grace period: The H-1B petition must be filed before the end of the student's grace period to legally remain in the United States during the Cap-Gap extension.
- Avoid consular processing: A petition requesting consular processing is not eligible for a Cap-Gap extension.
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Work authorization during Cap-Gap
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. The cap-gap extension of status 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 even if the H-1B petition is approved for consular processing.
Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing. F-1 students who have entered the 60-day grace period are not authorized to work. If an H-1B cap-subject petition is properly filed for a student who has entered the 60-day grace period, the student will receive an automatic extension of their F-1 status but will not be authorized to work since the student was not authorized to work at the time the H-1B petition was filed.
Work authorization on Cap Gap is valid until the H-1B start date unless the H-1B petition is denied, withdrawn, or revoked. Evidence of work authorization for the extended period is reflected on a new I-20. There will be no new EAD card issued for a Cap Gap Extension. If a student's H-1B petition is selected for processing but then subsequently denied or withdrawn, the student's OPT ends 10 days after the date of denial/withdrawal.
If a student's original OPT expires and their cap-gap extension data fix is still pending with the SEVIS Response Center, their post-completion OPT will automatically extend, whether or not they apply for the cap-gap extension I-20. Therefore, they are allowed to continue working with their employer while the cap-gap extension data fix is pending. The 90-day unemployment rule remains during the automatically extended work authorization, and students must continue to update their employer information.
The Department of Homeland Security (DHS) has clarified that a student can generally travel abroad and seek re-entry to the United States in F-1 status during a period of cap-gap extension as long as the following three conditions are met:
- The student's H-1B petition and request for a change of status have been approved.
- The student seeks readmission before their H-1B employment begins (normally at the beginning of the fiscal year, on October 1).
- The student has all the proper documentation, including a valid passport, a valid, signed Form I-20 with a valid travel signature, and a valid F-1 visa.
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Cap-Gap extension application process
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 for a nonfrivolous H-1B petition with USCIS, filed prior to the expiration of their OPT/STEM or 60-day grace period.
To qualify for the F-1 OPT Cap Gap Extension, the employer must submit the Form I-129, requesting a change of status, and the filing must be received by USCIS before the expiration of the OPT/STEM ED or 60-day grace period. Those filing for H-1B via consular processing do not qualify for the Cap-Gap Extension.
Students do not file a separate application for the extension or receive a new EAD to cover the additional time. The extension is automatically in effect when USCIS receives the H-1B petition. Students can request a new I-20 showing the cap-gap extension, but the updated Form I-20 is not required for a student to continue working.
If a student's H-1B petition is approved, the student's cap-gap extension of status will continue until April 1 of the fiscal year for which such H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. The cap-gap extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn, even if the H-1B petition is approved for consular processing.
If a student's OPT expires in July and their H-1B petition is approved to start on October 1, the Cap Gap extension of OPT will cover July–September 30. If the OPT expires in July but the H-1B petition is approved to start after October 1 but before April 1 of the following year, the Cap Gap extension of OPT will cover July up to the H-1B petition start date.
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Travelling during the Cap-Gap period
International travel is generally permitted during the Cap-Gap period, but only if certain conditions are met. The Department of Homeland Security has clarified that students can travel abroad and seek re-entry to the United States in F-1 status during a period of Cap-Gap extension, as long as the following three conditions are met:
- Your H-1B petition and request for a change of status have been approved.
- You seek readmission before your H-1B employment begins (normally at the beginning of the fiscal year, on October 1).
- You have all the proper documentation, including a valid passport, a valid, signed Form I-20 with a valid travel signature, and a valid F-1 visa.
It is strongly recommended that you coordinate all travel plans during your Cap-Gap extension with your H-1B employer and/or the immigration attorney filing on your behalf. Additionally, you should consult your employer's immigration specialist before travelling internationally during the Cap-Gap extension period.
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Cap-Gap extension denial
A Cap-Gap extension is a regulatory provision that allows eligible F-1 students to remain in the US during the period between the end of their F-1 OPT or OPT STEM work authorization and the start of their H-1B status. This extension is intended to bridge the gap between the end of a student's F-1 status and the beginning of their H-1B status. The H-1B is a temporary employment authorization that allows non-immigrant individuals to work in specialty occupations for up to six years.
However, there are instances when a Cap-Gap extension may be denied. If a student's H-1B petition is denied, withdrawn, revoked, rejected, or not selected, their Cap-Gap extension of status will automatically terminate. Additionally, if the change of status request is denied or withdrawn, even if the H-1B petition is approved for consular processing, the Cap-Gap extension will end.
In the event of a Cap-Gap extension denial, students have a standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States. During this grace period, students cannot work and are advised not to travel. They may be able to apply for an I-20 transfer, but this option is often unavailable. If the denial is based on a discovered status violation, misrepresentation, or fraud, there is no grace period, and the student must leave the US immediately.
It is important to note that the denial of an H-1B petition during the Cap-Gap extension period can have serious implications. For example, if a student has applied for a STEM OPT extension and their H-1B petition is later denied, it could cause problems with their STEM OPT Extension and F-1 SEVIS record. In most cases, the H-1B denial will result in the ending of the STEM Extension and the F-1 SEVIS record.
To avoid complications, students are strongly encouraged to maintain close communication with their petitioning employer during the Cap-Gap extension period to stay updated on the processing of their H-1B petition. Additionally, consulting an experienced immigration attorney is recommended when exploring options for H-1B portability, change of status, or adjustment of status.
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Frequently asked questions
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.
The cap-gap extension period starts on April 1 and ends on September 30.
Yes, international students on a 60-day grace period can get a cap-gap extension. However, they are not authorized to work during this period.
If your cap-subject H-1B petition is denied, rejected, or revoked, you will have a 60-day grace period from the date of notification to depart the US, transfer the I-20 to a new program, or apply for a change of status.
It is generally not advised to travel during the cap-gap extension period. However, if you have the proper documentation, including a valid passport, signed Form I-20, and a valid F-1 visa, you may be able to travel and seek re-entry to the US.
