Cap Gap Extension
Each year, the U.S. DHS issues 65,000 H-1B visas for specialty occupations, plus 20,000 additional for U.S. master’s degree holders. Due to high demand, petitions are accepted only in the first five business days of April and selected by lottery if applications exceed the cap.
Timing Challenge
F-1 students graduating in May often have their OPT or grace period end before the H-1B start date (October 1). In order to bridge the gap between the end of your F-1 status and the beginning of your H-1B status, USCIS offers “cap gap” extension.
Cap-Gap Extension
If your employer files a timely H-1B petition requesting a change of status with an October 1 start date while you have valid OPT or STEM OPT, your work authorization and F-1 status automatically extend until October 1.
You qualify if:
- The petition is filed by a cap-subject employer on time,
- The petition requests a change of status with October 1 start, and
- You maintain valid F-1 status.
- Cap-gap ends if the petition is denied, rejected, or withdrawn.
Cap-Gap During Grace Period
If the petition is filed after OPT ends but during your 60-day grace period, you may remain in the U.S. until October 1, but OPT work authorization ends on the expiration date.
Requesting Proof
ISSO does not receive automatic notifications of cap-gap extensions.
You must:
- Contact your employer to request copies of proof of a “pending” or “approved” H-1B petition (e.g., USCIS receipt or approval notice).
- Submit a request via the ISSOPortal under “OPT – Cap Gap Extension” upload required documents to get a new I-20 showing your cap-gap extension.
Tip: If you plan to apply for both STEM OPT and H-1B, it’s best to apply for STEM OPT first to better align your employment authorization dates. Consult your ISSO advisor for personalized guidance.