The filing period for the H-1B applications begins every year on April 1, but approved applications do not go into effect until October 1 of that year.
The cap gap extension allows F-1 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. It goes into effect when a student files for the H-1B status and their F-1 status or OPT expire before their approved H-1B begins October 1. For more information, visit the USCIS website.
You should consult with your company or immigration attorney before traveling internationally during the Cap Gap extension.
You are eligible for the cap gap extension if both of these are true:
If your OPT authorization is still valid when your employer files your H-1B petition but will end before October 1, your OPT authorization will be automatically extended. This is called the Cap Gap. 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 may not work, but you can remain in the U.S. through the Cap Gap extension date.
Your OPT work authorization will be automatically extended to September 30 upon proper filing of the H-1B petition. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status will be automatically extended to September 30.
If your H-1B petition is withdrawn or denied while you are on the Cap Gap Extension, your OPT will expire 10 days after the date of the withdrawn/denial notification and your F-1 status will expire 60 days after the notification.
The Cap Gap Extension of F-1 status is automatic. It begins when your employer files the H-1B petition with USCIS and you are not required to obtain a new I-20 showing the Cap Gap Extension.
If your employer requests an I-20 showing the Cap Gap Extension, please complete the online I-20 Replacement/Update Request Form which is found on the ISC's Forms webpage.
If your H-1B petition is approved for change of status or for consular processing, follow the instructions on our OPT STEM Extension webpage under the section "Ending Your OPT STEM Extension or F-1 Status".
Note: You should consult with your company or immigration attorney before traveling internationally during the Cap Gap extension.