International Student Cap Gap Extension

A cap-gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the US during the "gap." The cap-gap extension is available to students who, as of April 1st (the beginning of each fiscal year) were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period.

This does not apply if your employer has filed for consular processing. Your employer may ask you to request an I-20 from OIS. This page explains how to apply for a new I-20 to reflect your “cap gap” extension.

You may be eligible for one of two cap-gap extension benefits:

  • If the employer filed your H-1B (change-of-status) petition and it is received by USCIS prior to your post-completion OPT expiration date, you qualify for an extension of your OPT employment authorization.
  • If the employer filed your H-1B (change-of-status) petition and it is received by USCIS after your post-completion OPT expires but during your 60 day grace period following OPT, your F-1 status and permission to remain in the US are extended but you are not eligible to work.

You must not have violated the terms or conditions of your F-1 status while on OPT. Consult with an OIS advisor if you have any concerns.

How to apply for Cap Gap I-20

Consult with your attorney or employer in order to ascertain your H-1B petition status. Update your Employer Information and Address to an OIS Advisor.

There are two types of cap-gap extensions:

  • For H-1B petitions that have been filed and receipted
  • For H-1B petitions that have been filed but not receipted

Make an appointment with an OIS advisor and submit the following documents:

  • For a filed H-1B petition but not receipted: Proof of delivery to a USCIS Service Center showing the date of receipt.
  • For a receipted or approved H-1B petition: A copy of the Form I-797 and/or the I-797 receipt number.

Ask your employer or attorney if you are not certain which category you fall into if you are not sure.