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H-1B Cap Gap Extension
If you are currently working under OPT in F-1 status and have been sponsored for an H-1B by a cap-subject employer, you may be eligible for an automatic extension of your F-1 status/OPT until your new H-1B status begins. This is called the Cap Gap Extension.
Eligibility
To be eligible for an H-1B Cap-Gap Extension:
- You must be working for a cap-subject employer (i.e. go through the H-1B lottery)
- You must receive a slot in the H-1B lottery (i.e. "win" the lottery)
- Your employer must file their H-1B petition (and have it received by USCIS) before your OPT expires.
- USCIS must receipt the petition (i.e., accept it for adjudication).
- You will not get a new EAD card that shows cap gap, but our office can issue an updated I-20 that shows the extension of employment authorization/OPT on page 2 of the I-20, showing a new OPT end date (typically September 30).
- If by chance, the H-1B change of status petition is denied, you will have a 60-day grace period to depart the U.S. (unless it is denied due to a status violation).
See the USCIS website for more information.
IMPORTANT: If you travel abroad during the H-1B Cap Gap period, you cannot re-enter in F-1 status-- you must stay abroad until you are eligible to re-enter in H-1B status. If you have a pending H-1B or green card, consult your attorney about travel.
Applying for H-1B Cap-Gap Extension I-20
The H-1B Cap Gap-Extension is noted directly on page 2 of a new I-20. There is no fee for the Cap Gap Extension
- Step 1: Confirm with your employer that they have filed your H-1B and have done so before your OPT expiration date. Even if you received an H-1B slot in the lottery, you won't be eligible for the OPT Cap Gap Extension until your H-1B has been filed.
- Step 2: Wait at least 2 weeks after your employer has filed your H-1B. This will give USCIS time to enter your information into their systems. Depending on how quickly USCIS is working, it may take longer than 2 weeks. You can check to see if your OPT end date was changed to September 30 in the SEVP Portal. If it has been changed to September 30, then your record has been updated.
- Step 3: Submit the I-20 or DS-2019 Replacement form in iStart. When selecting a reason for replacement, please select "Other" and in the comment box write "H-1B Cap Gap."
- Step 4: ISSP will send you the updated I-20. Your OPT will be automatically updated on page 2 of your I-20.
Sometimes, the H-1B Cap Gap Extension does not automatically update. If this happens, please contact ISSP and we can request that USCIS correct your record. To get your record fixed, your company must have received a receipt notice from USCIS for the H-1B petition. ISSP will need a copy of this receipt notice before we are able to request a record correction.
If your OPT is originally scheduled to end before June 1, we may be able to extend your OPT to June 1 without the receipt notice. Contact ISSP for details.