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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 following chart shows how the length of the cap gap extension is determined:

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 2, 2008

F-1 status extended to August 2, 2008

Yes

You must send a request for extension to your ISS adviser with proof of proper filing.

Is not selected for receipting during the random selection process

No additional extension

No additional extension

N/A

None

Is selected for waitlisting

OPT authorization is extended to July 28 for fiscal year 2008

F-1 status is extended to Septemeber 27

Yes

You must send a request for extension to your ISS adviser with proof that petition was wait listed.

Is selected for receipting

OPT authorization is extended to September 30

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.

Is withdrawn or denied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.

The ISS office is waiting for futher instructions about how to process I-20 extensions for cap gap students.

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.