OPT H-1B Cap Gap Extension

H-1B is a work visa that is sponsored by an employer. Students commonly transition from Optional Practical Training (OPT) authorization, part of F-1 status, to H-1B status. There are a limited number of H-1Bs available each fiscal year, for most employers, and this limit is often called the "H-1B cap."

New H-1Bs become effective each October 1, but the application period for most employers begins six months earlier, April 1. The "cap gap" occurs when a student's F-1 status and/or OPT expire before their approved H-1B begins October 1.

The Cap Gap Extension

The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U.S. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1.

Eligibility

You are eligible for the cap gap extension if both:

  • Your employer files an H-1B petition for you, on or after April 1, and requests a change of status to H-1B to begin October 1.
  • You are still within your OPT authorization period, or 60-day grace period following the OPT expiration, when your employer submits the H-1B petition on your behalf (on or after April 1).

If your OPT authorization is still valid when your employer submits your H-1B petition to U.S. Citizenship and Immigration Services (USCIS), your OPT authorization is extended. You can continue working in F-1 status through the extension date.

If your OPT authorization is expired but you are in your 60-day grace period when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S. through the extension date.

Extension Dates

The length of your extension depends on your H-1B petition phase:

  • Filed: If your H-1B petition is properly filed (but not yet receipted or approved), your OPT authorization is extended to June 1. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to June 1.
  • Selected for receipting: If your H-1B petition is selected for receipting, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.
  • Approved: If your H-1B petition is approved, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.

How to Apply

The cap gap extension of F-1 status is automatic. It begins when your employer submits the H-1B petition to USCIS. To obtain documentation of your F-1 status extension, email international@semo.edu the following information:

  • State that you believe you have qualified for Cap Gap Extension
  • State in your email how you would like to receive your new I-20 (pick-up at OIES or mailed; if you prefer mail, include your mailing address).
An advisor will print a new I-20 for you that indicates the extension of your F-1 status and (if eligible) extension of your OPT employment authorization. Please allow one week for OIES processing. The extension benefit is automatic, so you can continue working (if eligible) and remain in the U.S. while waiting for the new I-20.

Frequently Asked Questions

Only your employer can provide accurate, official updates regarding your H1-B application. If your initial OPT expires before October 1, please follow the instructions above (in the "How to Apply" section) to request an updated cap gap I-20 from the OIES.

No. A student does not file an application for the extension or receive a new EAD to cover the additional time. 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.

No, the cap gap extension is only until September 30. If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.

No, you will not receive automatic notification. You must be in close communication with your employer's immigration specialist so you know the status of your H-1B petition. When you are eligible for the cap gap extension, you must contact the OIES if you want documentation of the extension (though it is not required).

You will have a 60-day grace period from the date of the notification of the denial, rejection, or revocation, during which time you can make preparations to depart the U.S.

We highly recommend you consult your employer's immigration specialist before traveling internationally during the cap gap extension period.

Yes, the 90-day unemployment limit continues during the cap gap extension period.

Yes, you can apply for the 24-month OPT extension during the cap gap extension of OPT. However, you must ensure your employer requests the withdrawal of the approved or pending H-1B petition in time for USCIS to officially accept the withdrawal prior to October 1--otherwise, your H-1B will begin October 1, which cancels your eligibility for the 24-month OPT extension.

U.S. Citizenship and Immigration Services (USCIS) provides thorough cap gap information.
International Education and Services
Contact Us
Phone
(573) 986-6863
Location
Office
1025 N. Sprigg
Cape Girardeau, MO 63701
Mailing Address
One University Plaza, MS 2000
Cape Girardeau, MO 63701

Audience Links

Resources for you.

Info For: