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Overview
The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U.S. in F-1 status until the H-1B start date, even if F-1 status or OPT authorization would have otherwise expired.
Eligibility
F-1 status means you are:
- enrolled, or
- in your 60-day grace period, or
- within your OPT authorization period
Note: A petition asking for consular processing is not eligible for a cap gap extension. Petitions submitted by cap-exempt employers are not eligible for the cap gap extension.
Extension of F-1 Status and/or Work Authorization:
The Cap Gap Extension is a provision that automatically extends your F-1 status and/or work authorization:
- If you are enrolled in your final quarter (but not planning to apply for OPT) when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S.
- If you are in your 60-day grace period (following either OPT completion or graduation without OPT) when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S.
How to Request Your Cap Gap I-20
The cap gap extension of F-1 status is automatic. It begins when your employer submits the H-1B petition to USCIS, but you must take action to receive an updated I-20. To obtain an optional new I-20 as documentation of your Cap Gap extension, follow these steps:
- Check your SEVP Portal to ensure your employment information is accurate. If needed, submit an employment report through MyISSS
Gather the required document to upload to the ISS Cap Gap I-20 Request web form. If your H-1B petition is:
- Pending: scan/photo of the USCIS I-797 Notice of Action (Receipt Notice)
- Approved: scan/copy of the I-797 Notice of Action (Approval Notice)
Submit a Cap Gap I-20 Request through MyISSS. The extension benefit is automatic, so you can continue working (if eligible) and remain in the U.S. while waiting for the new I-20 from ISS.
After H-1B Approval
If your H-1B and change of status are approved, follow these steps:
Before H-1B Effective Date | After H-1B Effective Date |
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