The cap-gap extension is a regulatory provision that extends an eligible F-1 student’s status to bridge the gap between the end of F-1 OPT or STEM OPT work authorization and the start of a cap-subject H-1B status, allowing the student to remain in the U.S. during the “gap”.

Cap-gap extension eligibility

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. The H-1B petition must be for a cap-subject H-1B that starts on October 1, and 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 RECIEVED 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 a “Change of Status” or via “Consular Processing.”

Note: Consular Processing involves traveling outside the U.S., 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.

Cap-gap extension I-20

To request your I-20 reflecting the cap-gap, submit a Cap-Gap Extension request in MyOISS. Follow these steps:

  • Select the “Reprint I-20” request in MyOISS.
  • Select “other” for reprint reason and note “Cap-Gap.”
  • Your OISS adviser will notify you via email within 7 business days when your updated I-20 reflecting the cap-gap extension is ready. You will be able to access your I-20 from the “Requests & Documents” section in MyOISS.

Under EMPLOYMENT AUTHORIZATIONS on page 2 of your I-20, your current OPT or STEM OPT Extension will now have a 30 SEPTEMBER end date.

Your I-20 will also include a special notation in the CHANGE OF STATUS/CAP-GAP EXTENSION section on page 2, showing details about your H-1B, H-1B receipt number and Comments stating “F-1 status and employment authorization for this student have been automatically extended to September 30, YEAR.”

Example I-20 with Cap-Gap Extension notation:

Travel during cap-gap

Travel is generally permitted if the following are true:

  • The change of status request to H-1B is approved.
  • Re-entry to the U.S. is before October 1 or the date the H-1B employment begins.
  • You are otherwise admissible to the U.S., have a valid I-20 with travel signature reflecting the cap-gap extension and have a valid F-1 visa (Canadians are exempt from this requirement).

For additional information, please visit the USCIS page about Cap-Gap Extensions and Regulations.