OPT Cap-Gap Extension

"Cap-gap" refers to the gap in non-immigrant status that occurs in the case of a change of status to H-1B, when the student's current F-1 immigration status expires before the H-1B employment start date, which must start between October 1 and April 1 of the fiscal year in which the H-1B petition is filed.

For example, if an F-1 student has an OPT end date of June 30 and an approved H-1B employment start date of October 1, the student's duration of status is 60 days beyond the OPT end date until August 29. In this example:

• The gap between August 29 and October 1 is a cap-gap in F-1 status.
• The gap between June 30 and October 1 is a cap-gap of OPT employment authorization.

The dates in the above example may be adjusted accordingly for a student’s individual OPT employment and duration of status end dates. However, please note that the latest possible H-1B employment start date, and therefore latest possible end date of a cap-gap extension is April 1 following the filing of the H-1B petition. For any questions regarding OPT and F-1 status end dates that may impact a student’s cap-gap extension period, please contact ISSS.

Eligibility

If a student is not in authorized OPT on the date on which an H-1B petition is filed, they are not eligible for an extension of employment authorization. If the student is within their 60-day grace period, they eligible for an extension of status, but not work authorization.

The automatic extension ends if USCIS rejects, denies, or revokes the H-1B petition. However, the student would have a grace period after the termination during which they are authorized to remain in the United States for up to 60 days to prepare for departure from the country, change degree level, transfer, change status, etc., as long as they have not otherwise violated status. The student's cap-gap employment authorization is no longer valid during the 60-day grace period.

Benefits

The duration of status (D/S) and any post-completion OPT or STEM OPT work authorization will be automatically extended for an F-1 student who is the beneficiary of a timely-filed H-1B petition requesting a change of status with an H-1B employment start date up to April 1 following the filing of the petition. This is commonly known as a cap-gap extension.