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H-1b and cap-gap extension

Learn about what a Cap-Gap is and how it impacts the OPT work authorization.

 

 

 

Overview


Current regulations allow students with pending or approved H-1B petitions to remain in F-1 status during the cap-gap period. This is referred to as filling the "cap-gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status. Students who qualify for this cap-gap extension are automatically awarded this extension.

The “cap” refers to a quota on the number of workers who can receive H-1B status at the beginning of the government's fiscal year: October 1. The cap is currently set at 65,000, plus an additional 20,000 reserved for those with a U.S. master’s degree or higher.

The “gap” is the period of time between the end of student F-1 Post-Completion OPT/STEM OPT and the beginning of H-1B status. The first day to file for H-1B is April 1st. If a student graduated in May, their 12 months of OPT will typically end between May and June, leaving a gap in legal status and authorized employment through September 30. The cap-gap rule automatically extends F-1 status and, when applicable, extends OPT work authorization.

cap-gap eligibility


  1. Your H-1B petition was timely filed by your employer. Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period which begins April 1 and the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the "grace period").
  2. Your employer requested a change of status to H-1B on October 1.

Students should confirm whether their employer is subject to the H-1B cap. If the employer is not cap-subject, they can file for H-1B at any time, making employees ineligible for the cap gap extension. Additionally, students are ineligible for the cap gap extension if their employer files for H-1B through consular processing. Note that cap-gap I-20s cannot be issued after September 30.

requesting for a cap-gap i-20


If the H-1B petition is selected for adjudication, the student should submit to ISSS a copy of the petitioning employer's Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. ISSS will issue a new cap-gap I-20 indicating the continued extension of F-1 status until September 30th. 





 

 

 

 

 

 

 

Last Updated: 6/27/25