Frequently Asked Questions
Only your employer can provide accurate, official updates regarding your H1-B application. ISS can provide a Cap-Gap I-20 after you have a receipt notice or approval notice from USCIS.
No. A student does not file a separate application for the extension or receive a new EAD to cover the additional time. The extension is automatically in effect when USCIS receives the H-1B petition. Students can request a new I-20 showing the cap-gap extension, but the updated Form I-20 is not required for a student to continue working.
No, the cap gap extension is only until September 30. If the H-1B petition is pending beyond April 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.
No, you will not receive automatic notification. You must be in close communication with your employer’s immigration specialist so you know the status of your H-1B petition. When you are eligible for the cap gap extension, submit a request through MyISSS for a Cap Gap I-20 if you want documentation of the extension (though it is not required).
Please consult with your attorney about all questions related to your H-1B petition.
If you return to school for a new degree level in authorized F-1 status, you may be eligible for a new 12-month period of OPT. However, you cannot re-claim unused OPT from a previous degree.
Consult your employer’s immigration specialist before traveling internationally during the cap gap extension period. ISS cannot advise about travel during the cap-gap period.
Yes, the 90-day unemployment limit continues during the cap gap extension period. For students on STEM OPT, the 150-day unemployment limit continues during the cap gap extension period.
Yes, you can apply for the 24-month STEM OPT extension during the cap gap extension of OPT. Many students apply for the 24-month STEM OPT extension in case the H-1B is not approved. Note that on October 1, if approved, the H-1B status begins. If you change your mind and do not want to change to H-1B status, you must ensure your employer requests the withdrawal of the approved or pending H-1B petition in time for USCIS to officially accept the withdrawal prior to October 1–otherwise, your H-1B will begin October 1, which cancels your eligibility for the 24-month OPT extension.
It is a common mistake for USCIS to “complete” a student’s F-1 SEVIS record on October 1 even if the student will gain H-1B status through consular processing (not a change of status in the U.S.). ISS can contact the SEVIS tech team to request they fix your record.
You will need to upload a copy of your EAD and the I-797 Approval Notice that references consular notification to MyISSS. Please email an advisor at uwiss@uw.edu so they can help you with the process.
For information on finding an attorney, visit the ISS “Tips for Finding a Lawyer” information.
For more information about H-1Bs, go to USCIS. For specific information on the application process, review USCIS’s Temporary Worker page. USCIS also has a helpful guide on changing nonimmigrant classification.