The H-1B cap-gap extension allows F-1 students currently on post-completion OPT/STEM OPT to continue working if they have a timely-filed H-1B petition requesting change of status and an employment start date of October 1 (the first day of the following fiscal year). An automatic cap-gap extension of an F-1 student's duration of status also applies to the duration of status of the student's dependents in F-2 status.
"Cap-gap" has become the common term used to refer to the "gap" in nonimmigrant status that occurs in a change of status to H-1B, when a student's current nonimmigrant status expires before the requested H-1B start date.
Who qualifies for an H-1B cap-gap extension?
An F-1 student visa holder may be eligible for the cap-gap if the following requirements are met:
- The employer files an H-1B petition in a timely manner with USCIS with an employment start date between Oct. 1 and April 1 of the following year.
- You are maintaining your F-1 status on the date your potential employer files your H-1B petition.
- USCIS receives the H-1B petition in a timely manner and issues a receipt for it.
For additional information regarding cap-gap eligibility, please reference the following resources:
- Study in the States: https://studyinthestates.dhs.gov/students/complete/h-1b-status-and-the-cap-gap-extension
- USCIS: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/employment-authorization-extensions
Is there an application or fee for the cap-gap extension?
No, the cap-gap extension is typically automatically added to your F-1 SEVIS record once the change of status application is connected with your F-1 record. In the event the cap-gap is not listed within your record, a correction can be filed with SEVP. OIE will require the most up-to-date documentation regarding the status of your H-1B petition to file the correction with SEVP.
How do I get an updated I-20 showing the cap-gap extension?
You may request a cap-gap extension I-20 from OIE to present to your employer. To request a cap-gap I-20, log into iStart and complete the Cap-Gap I-20 Request e-form found under the OPT section. You will be required to upload the most up-to-date documentation regarding the status of your H1-B petition. Please review processing times on our website here.
Do I have to have a new I-20 showing the cap-gap extension?
No, but OIE recommends that you obtain the updated I-20 form to ensure you have documentation and evidence of the cap-gap being on your record. Some employers request evidence of work authorization or you may be applying for benefits (i.e. renewing a drivers license).
Travel with an I-20 issued for a Cap-Gap Extension
U.S. federal regulations allow F-1 student visa holders participating in the 12-month Post Completion Optional Practical Training (OPT) or the 24-month OPT STEM Extension to exit the U.S. and re-enter with a valid F-1 student visa, valid Employment Authorization Document, job offer letter, and a valid I-20 showing Optional Practical Training authorization signed within the last six months. However, F-1 student visa holders who receive a cap-gap extension for the period of time between their original OPT end date and the start date of the H-1B should be cautious and consult with the sponsor of their H-1B before planning any international travel. Although not common, there are reports of students on OPT experiencing delays at the U.S. ports of entry and with F-1 renewal visa denials. OIE cannot guarantee that international travel is without risk because the authority to admit an F-1 student visa holder to the U.S. or grant a visa lies solely with the U.S. government. The decision to travel abroad must be made by the F-1 student visa holder with an understanding of the inherent risks and preparations to mitigate risk.
The federal guidance available on international travel during the cap-gap period states the following:
Under certain circumstances, an F-1 student on the cap gap extension may travel abroad and seek readmission to the United States. However, if an F-1 student travels abroad before USCIS approves their H-1B change of status (COS) petition, USCIS will deem the petition abandoned. The student’s F-1 status will expire per the program end date listed on their Form I-20. Meaning, if a student leaves the United States before USCIS approves their H-1B COS petition, that student will not be able to re-enter the United States as an F-1 student pursuant to the cap gap extension provisions.
Specifically, you may travel abroad and seek readmission into the United States if you are an F-1 student on the cap gap extension and meet the following criteria:
Your H-1B petition and request for change of status has been approved by USCIS.
You seek readmission before your H-1B employment begins (normally such employment begins at the start of the fiscal year, i.e., Oct. 1).
You are otherwise admissible (e.g., you have all proper documentation including a valid, signed Form I-20 and an F-1 visa).
You will not need to provide an Employment Authorization Document (EAD). This requirement does not apply because during the cap gap period your EAD card will have already expired, and USCIS will not renew the EAD card during the interim period.
As with all other international arrivals at a U.S. port of entry, the final decision on whether to grant admission into the United States lies with U.S. Customs and Border Protection (CBP) officers. Visit our Getting to the United States page and CBP’s website for more information regarding the appropriate travel documents and supporting evidence required for entry into in the United States.”
This guidance is available at H-1B Status and the Cap Gap Extension | Study in the States (dhs.gov)