OPT Cap Gap Extension
H-1B is a work visa that is sponsored by an employer. The H-1B cap is the limit on the number of H-1Bs allowed each fiscal year. The cap does not apply to all H-1B petitions. You must discuss with your employer whether your H-1B petition is subject to the cap. Please review additional information about the H-1B electronic registration process here.
The period in-between the time that an F-1 student’s status and work authorization expires and the start date of their approved H-1B employment period is known as cap-gap.
A “Cap Gap” extension is for students with a pending or approved cap-subject H-1B petition with a change of status option. Students whose H-1B applications are filed under Consular Processing may not take advantage of this cap-gap extension.
The cap gap employment benefit is triggered only if USCIS receives a qualifying H-1B application before the expiration of approved standard 12-month Optional Practical Training or 24-month STEM extension Optional Practical Training.
There is no cap-gap employment benefit if the H-1B is filed before the Optional Practical Training period begins or after this period ends. If USCIS receives a qualifying H-1B petition before the student’s OPT is approved or after it ends but while the student is on the 60-day grace period, only a cap-gap extension of D/S will be triggered but not cap-gap extension of employment authorization.
Log on to your iTerp account and click F-1 Student Services > Cap Gap OPT request. You will be asked to submit the following documentation:
- EAD card
- H-1B I-797 Notice of Action Notice or I-797 Approval Notice
In order to close out your immigration status, please follow the steps as detailed on our Change of Status to H-1B page. Please make sure to submit all documentation on iTerp prior to the start date of your H-1B. You will lose access to iTerp after your H-1B begins and will be unable to use the system after that date.
Yes, you can submit an application to USCIS for the STEM extension as long as it is timely filed before the end of your post-completion OPT period. Many students consider this step out of precaution in the event that their H-1B application is not approved.
However, please keep in mind that if you have already met the criteria to qualify for the Cap-Gap and are asking for an I-20 with the STEM recommendation after your H-1B petition is filed, the SEVIS system will automatically record the end date of your cap-gap extension as the end of your post-completion OPT, and designate the calendar day after the end of the cap-gap extension to be the start date of your STEM extension (even if your actual post-completion end date is earlier the Cap-Gap end date). While ISSS advisors cannot adjust the dates on the recommendation, USCIS is aware of this technical issue. If they do adjudicate your STEM extension, they do adjust your actual start and end dates on the card to reflect your actual STEM extension period dates and not the adjusted date that includes your cap-gap extension.