H-1B Cap Gap Extension
Source: https://iss.washington.edu/cap-gap/ Parent: https://iss.washington.edu/
On This Page:
- Overview
- Eligibility
- How to Request Your Cap Gap I-20
- After H-1B Approval
- Related Pages
- Study in the States
- USCIS H-1B Regulations
- FAQs
Overview
The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U.S. in F-1 status until the H-1B start date, even if F-1 status or OPT authorization would have otherwise expired.
Eligibility
As an F-1 student, you may be eligible for an extension of your F-1 status through April 1 of the following year if you meet the following requirements:
- Your potential employer files an H-1B petition in a timely manner with USCIS with an employment start date between Oct. 1 and April 1 of the following year.
- You are maintaining your F-1 status on the date your potential employer files your H-1B petition.
- USCIS receives the H-1B petition in a timely manner and issues a receipt for it.
F-1 status means you are:
- enrolled, or
- in your 60-day grace period, or
- within your OPT authorization period
Note: A petition asking for consular processing is not eligible for a cap gap extension. Petitions submitted by cap-exempt employers are not eligible for the cap gap extension.
Extension of F-1 Status and/or Work Authorization:
The Cap Gap Extension is a provision that automatically extends your F-1 status and/or work authorization:
- If you are enrolled in your final quarter (but not planning to apply for OPT) when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S. until April 1 of the following year or when your H-1B takes effect.
- If you are in your 60-day grace period (following either OPT completion or graduation without OPT) when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S. until April 1 of the following year or when your H-1B takes effect.
- If you are in an authorized period of post-completion OPT (including the STEM OPT extension) on the date your potential employer files your H-1B petition, you can continue working under Cap Gap Extension until April 1 of the following year or when your H-1B takes effect.
How to Request Your Cap Gap I-20
The cap gap extension of F-1 status is automatic. It begins when your employer submits the H-1B petition to USCIS, but you must take action to receive an updated I-20. To obtain an optional new I-20 as documentation of your Cap Gap extension, follow these steps:
Cap Gap Extension
Step 1: Check your SEVP Portal
- Check your SEVP Portal to ensure your employment information is accurate. If needed, submit an employment report through MyISSS
Step 2: Gather Documentation
Gather the required document to upload to the ISS Cap Gap I-20 Request web form. If your H-1B petition is:
- Pending: scan/photo of the USCIS I-797 Notice of Action (Receipt Notice)
- Approved: scan/copy of the I-797 Notice of Action (Approval Notice)
Step 3: Request an Updated I-20
Submit a Cap Gap I-20 Request through MyISSS.The extension benefit is automatic, so you can continue working (if eligible) and remain in the U.S. while waiting for the new I-20 from ISS.
After H-1B Approval
If your H-1B and change of status are approved, follow these steps:
| Before H-1B Effective Date | After H-1B Effective Date |
|---|---|
| 1. Check that your SEVP portal information is correct. Changes cannot be made after April 1. 2. If you are in your STEM OPT period, continue to follow the STEM OPT reporting requirements based on your EAD dates. | 1. Notify ISS of your status change: submit the ‘Immigration Status Update’ request through MyISSS 2. If you are in your STEM OPT period, you must upload the Final Evaluation Page 5 of your I-983 Training Plan in the Immigration Status Update web form |