Students who are maintaining F-1 status and who are the beneficiary of a timely filed* cap-count H1B petition for change of status (as opposed to consular processing) with an employment start date in the fiscal year for which the H-1B status is being requested may benefit from H1B Cap Gap which automatically extends F-1 status and OPT authorization, if these are in place at the time of the filing, through April 1 of the fiscal year for which the petition is being filed or until the validity start date of the approved petition, whichever is earlier. Cap Gap applications filed after the end of OPT but during the 60 day grace period may extend F-1 status but not employment authorization. Students who file an H1B petition after the end of their F-1 status or OPT authorization will not be eligible for Cap Gap. (*Note: Timely filing refers to the submission of the I-129 petition and all related documents after a student is selected in the annual lottery. Selection in the lottery does not qualify a student to file for Cap Gap.)

Any approved or pending Cap Gap automatically terminates upon the rejection, denial, or revocation of the H1B petition. However, the student would have a grace period after the termination during which s/he is authorized to remain in the United States for up to 60 days to prepare for departure from the U.S., change degree level, transfer, change status, etc. as long as the student has not otherwise violated status. The student鈥檚 cap-gap employment authorization would no longer be valid during the 60-day grace period.

SEVIS Reporting Requirements During Cap Gap

Because a cap-gap extension of employment authorization is considered part of 鈥渁uthorized period of post-completion practical training,鈥� students on cap-gap extensions must continue all required SEVIS reporting (e.g. changes in employment or address, 6-month validations/12-month self evaulations, etc.) just like other students on OPT/STEM OPT.

F-1 students changing to H1B need to report their change of status to 蜜桃影像 within 10 days of the day the change goes into effect (usually October 1). This report can be via email and should include a copy of the official USCIS notice that the COS to H1B was approved or a copy of the green card.  Note: Being selected in the lottery (i.e. receiving a notice of "Registration Selection") is not approval of a COS to H1B.

Unemployment Limits During Cap Gap

All relevant OPT/STEM OPT unemployment limits continue to apply to students with employment authorization while on a cap-gap extension.

Travel During Cap Gap

DHS has clarified that a student who has had their OPT authorization extended via Cap Gap can generally travel abroad, apply for a new F-1 visa if necessary, and seek reentry to the United States in F-1 status during a period of cap-gap extension if the following three conditions are met:

1. The student's H-1B petition and request for change of status has been approved;
2. The student seeks readmission before his or her H-1B employment begins (normally at the beginning of the fiscal year, i.e., October 1); and
3. The student is otherwise admissible*
   *The official determination of admissibility always occurs at the time the individual applies for admission at a port of entry.

Evidence of Cap Gap

If you need printed evidence that you have Cap Gap, you can request an updated copy of your I-20 which should show the Cap Gap information. The I-20 is the only printed evidence a student can get for their Cap Gap.

STEM OPT and Cap Gap/H1B Application

Some students planning to file an H1B application also apply for a STEM OPT extension to ensure that they will have F-1 status and work authorization in place if their Cap Gap is terminated due to the rejection, denial, or revocation of their H1B petition. Applying for STEM OPT after receiving Cap Gap authorization is generally possible, but does require extra coordination between the DSO, the student, and SEVP to ensure that the STEM OPT dates reflect the end date of the originally approved OPT period and not the updated Cap Gap end date. Students can avoid this extra step by applying for STEM OPT before their H1B application is submitted if possible. 

STEM OPT authorization for students with approved Cap Gap ends on the effective date of the H1B status and this change must be reported to SEVIS following the "End of Employment Reporting" instructions outlined on OIE's "Reporting Requirements During STEM OPT"  page.

H1B Properly Filed But Cap Gap Not Showing Up in SEVIS

Cap Gap information is automatically added to a student鈥檚 SEVIS record by an automatic update of SEVIS by the USCIS鈥檚 CLAIMS database system.  If the cap gap approval is not showing up in SEVIS, and if it has been at least two weeks since you received a form I-797 confirming that your cap gap has been approved, OIE can request a data fix to get this information added to your SEVIS record if you provide us a copy of the form I-797 receipt notice showing the receipt or approval of your H1B petition.