Cap-Gap Information & Tutorial
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What is 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, follow these steps:
- Is your employment information in SEVIS up-to-date? Make sure it is up to date in the SEVP Portal.
- Gather the required documentation to upload to the ISS Cap Gap I-20 Request webform. The required document will depend on the status of your H-1B petition.
If your H-1B petition is:
- Filed: scan/copy of the petition or a copy of the FedEx, UPS, or USPS Express/certified mail receipt
(If your regular OPT authorization is valid through June 1, do not request a new I-20 based on H-1B filing only. Wait for the receipt or approval notice.) - Selected for receipting: scan/photo of the I-797 Notice of Action (Receipt Notice)
- Approved: scan/copy of the I-797 Notice of Action (Approval Notice)
Cap-Gap Tutorial
Click on the Google Slides tutorial below to learn more about Cap-Gap.