F-1 Cap-Gap Extension
For the private sector, there is a limit on the number of H-1B visas U.S Citizenship & Immigration Services (USCIS) may issue each fiscal year, which begins on October 1; this limit is called the H-1B cap. Certain employers are exempt from this cap, e.g., institutions of higher education, nonprofit research organizations, and government research organizations. Please clarify with your employer whether they are subject to the cap.
Due to U.S. academic cycles, many F-1 students’ Post-Completion Optional Practical Training (OPT) or STEM OPT Extension authorizations end several months before the start of the new U.S. government fiscal year on October 1, leaving a gap in work authorization between the end of their F-1 OPT or STEM OPT authorization and the start of the new fiscal year when H-1B status, if approved, would begin.
To account for this gap, the U.S. Department of Homeland Security (DHS) grants F-1 students whose employer filed an H-1B petition for change of status on their behalf during their period of authorized OPT, STEM OPT, or grace period an automatic extension of their F-1 status and OPT or STEM OPT authorization (if applicable) until the start of their H-1B status. This is called the cap-gap extension.
For F-1 students whose employer filed an H-1B petition for change of status on their behalf during the grace period after their OPT or STEM OPT EAD end date, DHS grants an extension of F-1 status only. Such students may remain legally in the United States but are not eligible to work until their H-1B is approved or October 1, whichever is later.
If an F-1 student’s H-1B petition is withdrawn or denied before their OPT or STEM OPT EAD end date, they may continue employment through this end date, after which the 60-day grace period will begin. If the H-1B petition is withdrawn or denied after the student’s OPT or STEM OPT EAD end date, they must stop work immediately and contact their IS Advisor.
If a student’s employer filed an H-1B petition for consular processing, the student is not eligible for the cap-gap extension or F-1 status extension.
Cap-Gap Form I-20
If you have been granted the cap-gap extension, you may request a reprint of your Form I-20 to reflect this by submitting the Cap-Gap Form I-20 Request Form (PDF) and your I-797 to your IS Advisor.
As a new EAD card is not issued for a cap-gap extension, the cap-gap Form I-20 serves as documentation of your continued work authorization during this period. You will need to submit the cap-gap Form I-20 to your Human Resources department so they can update your I-9 information.
Before traveling while on F-1 cap-gap, we strongly recommend you connect with your employer and/or the immigration attorney working with your H-1B application to determine if international travel is recommended while your H-1B application is pending with USCIS.
Advising Support While on the Cap-Gap Extension
IS Advisors can advise on certain implications of the transition of F-1 or J-1 status to another status. IS Advisors cannot directly advise students on the H-1B process, as our expertise is limited to F-1 and J-1 statuses. You can learn more about H-1B in our semesterly H-1B & Post-Graduation Visa Alternatives workshop, hosted by OGS and presented by an immigration attorney from McCandlish Holton, PC, the slides of which are posted on our After Graduation webpage.
The H-1B is an employer-based immigration application, and any information you supply or provide to your employer’s immigration attorney is also available to your sponsoring employer. If you have questions about how the process affects your personal immigration situation or want to have a confidential discussion about your immigration history, you would need to contact an experienced immigration attorney independently. You can find a list of attorneys Georgetown community members have worked with in the past on our Legal Resources webpage.
Additional Resources
You can find more information about cap-gap on U.S. government websites: