OPT Cap-Gap Extension
What is the Cap-Gap Extension?
The Cap-Gap Extension is an automatic extension of F-1 status and work authorization past the EAD End Date, for students transitioning to an H-1B work visa.
Most employers can file an H-1B cap-subject petition each year on April 1. If USCIS approves the H-1B petition, the H-1B status goes into effect on October 1. The cap-gap extension of F-1 status and work authorization bridges the “gap” between the EAD End Date and September 30, the day before the H-1B goes into effect.
The Designated School Official (DSO) at the ISSO processes the Cap-Gap Extension I-20 on behalf of the student. In order for the DSO to process a student’s Filed or Waitlisted Cap-Gap Extension, the student must be able to provide proof that the petition has been filed or waitlisted.
Who is eligible?
Current 12-Month OPT or STEM OPT students:
- In an approved period of F-1 employment with a future EAD End Date, and
- Who have a properly filed, receipted, or approved H-1B application
The H1-B petition must be filed before your EAD End Date has been reached. If your EAD Card expires before the H-1B petition was filed, you will have the standard 60-day grace period after the EAD End Date, but you are not eligible for an extension of work authorization.
How do I apply?
The ISSO will reject incomplete submissions. If your submission is rejected, you must resubmit the same previously rejected request with the appropriate corrections, and the ten-business day processing time will restart.
- Upload copies of the following documents (PDFs only):
- Current I-20 (all pages)
- Current Employment Authorization Document (EAD, front side only)
- If H-1B is pending or approved by USCIS – I-797 Receipt Notice for Pending or Approved H-1B petition with a 13-digit Receipt Number (note that an I-797 for Registration Selection does not suffice)
- If H-1B has been submitted to USCIS but not receipted – Proof of delivery to a USCIS Service Center showing date received
- eShipGlobal payment confirmation email with the order number included
- Proof of reported OPT/STEM OPT employment – Screenshot of current employment information in SEVP Portal
- Notify your International Student Advisor
- Allow 10 business days for the ISSO processing
How is the Cap-Gap I-20 endorsed to indicate employment authorization?
The ISSO processes an I-20 that takes into account the different stages of the H-1B filing, selection and adjudication process. The Cap-Gap Extension I-20 contains an endorsement that F-1 status and employment authorization are automatically extended to the applicable dates indicated below.
USCIS will note an expiration date on the cap-gap Form I-20 as follows:
- Filed, but not yet receipted H-1B petition: F-1 status/OPT extended to June 1.
- Receipted or approved H-1B petition: F-1 status/OPT extended to September 30.
During this period, the student can remain in the United States and continue employment with an expired EAD (Employment Authorization Document), per 8 CFR214.2(f)(5)(iv) and 8 CFR274a.12(b)(6)(iv), as updated April 8, 2008 in a rule published in the Federal Register (73 FR 18944).
Additional information about the Cap-Gap Extension can be found on the USCIS website.
Frequently Asked Questions
The ISSO processes completed Cap-Gap I-20 Requests within ten business days from submission.
The ISSO will reject incomplete submissions. If your submission is rejected, you must resubmit the same previously rejected request with the appropriate corrections, and the ten-business day processing time will restart.
To request a new Cap-Gap I-20 extending work authorization to September 30, please email your International Student Advisor with the following information included and PDF documents attached:
- Your full name
- Your SEVIS ID Number
- A photocopy of your original Cap-Gap I-20 with an extension to June 1
A photocopy of the I-797 Notice of Receipt - A new eShipGlobal order confirmation
The ISSO processes completed Cap-Gap I-20 Requests within ten business days from submission.
Please verify that you have received the extension of your work authorization to September 30 in your SEVP Portal account. You may continue working while your Cap-Gap Extension I-20 is pending with the ISSO.
If your OPT authorization is expired and you are in your 60-day grace period when you receive the I-797 receipt for a pending or approved H-1B petition from USCIS, only your F-1 status is extended. Your work authorization is not extended, meaning you can remain in the U.S. to September 30 but you cannot work.
Per USCIS, “if an H-1B petition filed for an F-1 student with a cap-gap extension is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, revocation, or withdrawal of the petition) to depart the United States.
The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for cap-gap extension of status and the 60- day grace period. Similarly, the 60-day grace period and cap-gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.”
Yes. The 90-day (for post-completion OPT) and 150-day (for STEM OPT) limitation on unemployment continues during the Cap-Gap Extension.
Yes – if you meet all STEM OPT eligibility requirements. USCIS must receive the STEM OPT Extension application before the cap-gap extension period is terminated (by September 30 or by the notice of rejection, denial, or revocation of the H-1B petition).
Yes.
Per USCIS, “An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:
- The student’s H-1B petition and request for change of status has been approved;
- The student seeks readmission before his or her H-1B employment begins(normally at the beginning of the fiscal year on October 1); and
- The student is otherwise admissible.
Additionally, please consult with your legal counsel regarding international travel during the Cap-Gap Extension period.
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