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H-1B Cap Gap Extension

Cap gap automatic extension for F-1 students who are the subject of an H-1B petition

The F-1/H-1B "cap gap" occurs when F-1 students' status and work authorization expire before they can start their approved H-1B employment in the next fiscal year beginning on October 1. Recent rule changes now allow this gap to be bridged for students who are beneficiaries of properly filed H-1B petitions.

 

The Petition Naming the Student

Impact on Cap Gap OPT

Impact on F-1 Status

Extension Request Needed

Action Required by Student

Is properly filed

OPT extended to June 1, 2009

F-1 status extended to July 31, 2009

Yes

Request an extended I-20: email your ISS adviser and submit a copy of the mail receipt (FedEx, USPS, etc.) This step is not required if your current OPT is valid through June 1.

Is not selected for receipting

No additional extension

No additional extension

N/A

None

Is selected for waitlisting

OPT authorization is extended to July 27, 2009.

F-1 status is extended to Septemeber 26, 2009

Yes

You must send a request for extension to your ISS adviser with proof that the petition was wait-listed. This step is not required if your current OPT is valid through July 27.

Is selected for receipting or is approved

OPT authorization is extended to September 30, 2009.

Student's record completes on September 30, ending F-1 status

No

You may request your ISS adviser to print a form I-20 showing the extension. Email or fax a copy of your I-797 Approval Notice to your ISS adviser and provide a local mailing address.

Is withdrawn or denied

OPT authorization ends 10 days after the date of the withdrawal or denial.

Grace period ends 60 days after the date of the withdrawal or denial.

No

You must terminate OPT on the proper date and either leave the U.S. upon expiration of the grace period or take other steps to maintain status.

 

Frequently Asked Questions

  1. If I am not in an authorized period of OPT when the H-1B petition is filed, can I work during the cap gap extension?
    No. In order for you to have employment authorization during the cap gap extension, you must be in an approved period of OPT on the eligibility date.
     
  2. Do I have to file an application or pay a fee to receive the cap gap extension?
    No; the extension is granted automatically at no cost.