Cap-Gap Extension

• Your employer filed an H-1B petition on or after April 1 with USCIS with an employment start date of October 1;
• You are maintaining your F-1 status on the date your potential employer files your H-1B petition;
• You are in an authorized period of post-completion OPT (including the STEM OPT extension) 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.

If your registration is selected in the lottery, this does not mean that you are eligible for the Cap-Gap extension. Your sponsor should receive an I-797 notice of your selection, but they still need to file the H-1B petition in a timely manner in order for you to be eligible for the Cap-Gap extension.

The cap-gap extension of status and work authorization ends on October 1, when the H-1B status begins. The automatic extension of status also applies to your F-2 dependents.

Traveling on the Cap-Gap Extension

If an F-1 student travels abroad before USCIS approves their H-1B change of status (COS) petition, USCIS will deem the petition abandoned and 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.

Students should consult your employer’s attorney about whether and when you may be eligible to re-enter the U.S. in H-1B status. Under certain circumstances, an F-1 student on the cap-gap extension may travel abroad and seek readmission to the United States. 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 the United States.

How to Apply for Your Cap-Gap Extension I-20

If your H-1B petition has been filed by your employer and receipted by USCIS, you are eligible for an automatic Cap-Gap extension I-20 through September 30th, if your OPT employment (EAD document) expires between April 1 and September 30. To request this Cap-Gap extension I-20, submit the “H-1B Cap Gap Extension I-20 Request” in the International Services Portal. You will be asked to upload a copy of the I-797 Receipt or Approval notice from USCIS for the I-129 filing.