F-1 OPT Cap Gap Request Form

Cap-Gap Extension 

A U.S. employer can sponsor a foreign national for employment in an area that is considered a specialty occupation. The U.S. government limits, or “caps,” the number of individuals who may obtain H-1B status each federal fiscal year.  

Sponsoring employers register their potential H-1B employees for the lottery each spring and filing firms will submit H-1B petitions for selected applicants over summer with a start date of October 1 or later. 

For spring graduates, generally, the Optional Practical Training (OPT) or STEM OPT period will begin and end over summer months. A Cap-Gap extension is a regulatory provision that extends an eligible F-1 student's OPT or STEM OPT employment authorization and/or ability to remain in the U.S. The H-1B must be an appropriately filed “change of status” with a start date on or beyond October 1. 

Note: Institution of higher education and affiliates, non-profit research organizations, and government research organizations are exempt from the H-1B lottery system. 

Application Process:

Step 1: Confirm with your HR representative or legal representative that your H-1B petition was submitted with a Change of Status designation. 

Step 2: Gather your supporting documentation:

  • If your H-1B is approved, please obtain an I-797 H-1B Approval Notice. 
  • If your H-1B is still pending, please have your HR representative or legal representative:

Step 3: Complete Transitioning to H-1B Form

Step 4: For those on STEM OPT, you need to complete the bottom of page 5 of the Form I-983 and submit it to the 24-month annual evaluation form. You will complete the process again as you transition to H-1B; specifically for the Cap-Gap period of time. 

Am I eligible for a Cap-Gap Extension?

You are eligible for a Cap-Gap extension if your employer submits a timely filed change of status H-1B petition to USCIS on your behalf. You may be eligible for one of two Cap-Gap extensions:

  • If your employer filed your H-1B petition and it is receipted by USCIS prior to your post-completion OPT or STEM OPT expiration date, you are eligible for an extension of your OPT or STEM OPT employment authorization through April 1 of the following year.
  • If your employer filed your H-1B petition and it is receipted by USCIS after your post-completion OPT or STEM OPT expires but during your 60 day grace period, your F-1 status and permission to remain in the U.S. are extended until April 1 of the following year but the OPT or STEM OPT employment authorization is not. In other words, you will not have work permission.


Example of an I-797 H-1B Approval Notice showing a change of status.

How long will the H-1B Cap-Gap Extension I-20 request take?

The HIO will issue the Cap-Gap I-20 within 10 business days of the receipt of your request, provided you include all required information.

Can I travel during an H-1B Cap-Gap Extension?

Traveling outside the U.S. may interfere with the processing of your H-1B petition. The HIO strongly advises that you consult with your employer and their legal counsel processing the H-1B regarding all travel plans before departing the U.S. Generally speaking, you may travel abroad and seek readmission to the U.S. in F-1 status during a Cap-Gap period if: 

  1.  your H-1B petition and request for change of status has been approved;

  1.  you seek readmission before your H-1B employment begins (normally at the beginning of the fiscal year, i.e., October 1); and

  1.  you are otherwise admissible.

Click here to access the latest travel information from the USCIS.

Can I switch employers while I am on Cap-Gap Extension?

Generally speaking, you cannot switch employers during your Cap-Gap extension. Please consult with the legal counsel of your employer. If you wish to consult an immigration attorney who is not affiliated with your employer, please contact your HIO advisor for our immigration attorney referral list.

 

 

 

Cap Gap I-20 Request Form