Cap-Gap Extension
What Is the Cap-Gap Extension?
For students transitioning to an H-1B visa, a gap may occur between the end of their F-1 status and the start of their H-1B status (typically Oct. 1). The Cap-Gap Extension automatically extends F-1 status and, if applicable, work authorization, to bridge this period. This extension remains in effect until the approved H-1B start date or April 1 of the following fiscal year, whichever comes first.
OIS advisors process Cap-Gap Extension I-20 Requests on behalf of students. To process the requests, students must provide proof that their petition has been properly filed.
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The H-1B visa is a type of work authorization that allows nonimmigrants to pursue employment in “specialty occupations.” The fiscal year for H-1B begins on Oct. 1 and ends on Sept. 30. Companies can file a petition on behalf of their employees as early as April 1, which is six months prior to Oct. 1.
The H-1B Cap refers to the limited number of H-1B visas that are available each fiscal year.
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Students currently on Post-Completion OPT or STEM OPT Extension may be eligible for an Cap-Gap Extension. To qualify, students must have a valid EAD with a future expiration date and have properly filed an H-1B change-of-status petition.
If your EAD expires and you file the H-1B petition during the 60 day grace period, only your F-1 status will be extended. OPT or STEM OPT employment authorization will not be extended.
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The Cap-Gap Extension I-20 will be updated to include a statement that F-1 status and employment authorization (i.e., OPT or STEM OPT Extension), if eligible, are automatically extended to April 1 for individuals whose H-1B petition is properly filed or approved. If the H-1B petition is canceled or denied, the F-1 status and employment will be shortened as of that date.
Students who have filed an H-1B petition can remain in the United States and continue employment with their expired EAD. Additional information about the Cap-Gap Extension is available on the USCIS website.
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Students can request a Cap Gap Extension I-20 from OIS through Trojan International. Students are required to pay a $100 administrative processing fee* to OIS before completing the rest of the form.
Once the payment is confirmed, students must upload copies of the following documents as PDFs:
- Current Employment Authorization Document (EAD), front side only
- I-797 Receipt Notice for Pending or Approved H-1B petition with a 13-digit Receipt Number (note that an I-797 for Registration Selection does not suffice)
OIS processes completed Cap-Gap I-20 Requests within 10 business days from submission. OIS will reject incomplete submissions. If your submission is rejected, you must resubmit the same previously-rejected request with the appropriate corrections, and the 10-business-day processing time will restart. The $100 administration fee is only paid once; it is not required for resubmissions.
Processed Cap-Gap Extension I-20s will be signed electronically and emailed to students. Students must hand-sign page 1 of the printed Form I-20. You may not electronically sign I-20s.
*This administration fee supports OIS services related to maintenance of status throughout the application period and Cap-Gap Extension employment. Extended services provided to Cap-Gap Extension students include I-20 travel endorsements, review and processing of mandated reports, and continued access to advisors for questions about your F-1 status and Cap-Gap Extension employment matters. This fee is non-refundable and must be paid upon submission.
OPT Cap-Gap Extension FAQ
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Please verify that you have received the extension of your work authorization to April 1 in your SEVP Portal account. You may continue working while your Cap-Gap Extension I-20 is pending with OIS.
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If your OPT authorization has expired and you are in your 60-day grace period when you receive the I-797 receipt for a pending or approved H-1B petition from USCIS, only your F-1 status is extended. Your work authorization has not been extended, so you can remain in the United States until April 1, but you cannot work.
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If your petition is denied, revoked or withdrawn before April 1, you will have the standard 60-day grace period to depart the United States or take other appropriate steps to maintain lawful status.
If your petition is still pending on April 1, you may no longer work on OPT/STEM OPT and the 60-day grace period begins on April 1.
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Yes. The 90-day (for Post-Completion OPT) and 150-day (for STEM OPT) limitation on unemployment continues during the Cap-Gap Extension.
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Yes, if you meet all STEM OPT eligibility requirements. USCIS must receive the STEM OPT Extension application before the cap-gap extension period is terminated (by April 1 of the following fiscal year) or by the notice of rejection, denial or revocation of the H-1B petition. You will be required to pay the $200 STEM OPT Extension Administration Fee.
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Yes.
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Please consult your H-1B sponsor regarding the impact international travel plans may have on your H-1B petition before traveling abroad.