Students who meet the following criteria may be eligible for an extension of their F-1 status and OPT authorization through cap gap extension.
• Beneficiary of a timely filed H1-B visa
• Subject to the H1-B cap count
• The H1-B is filed as a change of status
• Employment start date is October 1
• Student has not violated their F-1 visa status
Students who have an H1-B petition filed for them will need to email a copy of the email notice from USCIS, or a copy of their receipt notice, or a copy of their approval notice to the ISSS email listed below. Do not copy any alternate email or send your documents to any alternate email.
We will review your SEVIS record upon receipt of your notice. Please allow up to 10 business days for the ISSS to review your SEVIS record once you have submitted your notice. SEVP has stated that USCIS CLAIMS System will regularly update a student's SEVIS record to add the cap gap extension if eligible.
If your record has been updated in SEVIS and you are eligible for the cap gap extension then the ISSS will print your cap gap extension I-20 and send you a follow up email.
If your record HAS NOT been updated by SEVIS and you are eligible for the cap gap extension then the ISSS will be required to submit a data fix for your record. Data fixes can take from one week to up to six weeks or longer for SEVIS to process. Once your record has been updated the ISSS will send you a follow up email.
Students who are eligible for the Cap Gap Extension may apply for the OPT STEM Extension while on approved Cap Gap Extension. However, such application cannot be made once the Cap Gap Extension benefit is terminated (if the H1-B petition is rejected, denied, revoked or withdrawn) and the student has entered the 60-day grace period after the completion of their OPT. The ISSS recommends students eligible for the OPT STEM Extension apply for this benefit as soon as eligible unless their H1-B petition has been approved.
The Student Exchange Visitor Program policy guidance addresses a Cap Gap Extension student's status if their H1-B is still pending after October 1 in the question below.
Can the cap gap extension of OPT be extended beyond September 30 if the H-1B petition filed on the student’s behalf has not been adjudicated by USCIS? No, pursuant to 8 CFR 214.2(f)(5)(vi)(A), the duration of status and any employment authorization granted under 8 CFR 274a.12(c)(3)(i)(B) and (C) of an F-1 student who is the beneficiary of an H-1B petition and request for change of statuscan only be extended until October 1. If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition is approved.
The U.S. Department of Homeland Security has indicated that a student may generally travel outside the U.S. and seek reentry to the U.S. in F-1 status during the period of cap gap extension if the student meets the following conditions:
• the student's H1-B petition and request for change of status has been approved
• the student seeks readmission to the U.S. before his or her H1-B employment begins (generally October 1)
• the student is otherwise admissible
However, agency guidance on travel and reentry during cap gap extension has been contradictory. The ISSS does not recommend students travel outside during cap gap extension.
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