Cap Gap Extension
As of April 8, 2008, Department of Homeland Security published an interim final rule concerning F-1 Optional Practical Training. Cap Gap refers to the period of time between the time a non-immigrant’s F-1 student status under OPT would ordinarily end and his or her H-1B status begins. The new rule allows students with Cap Gap limitation to continue employment if H-1B petition is filed on student’s behalf. Duration of status and work authorization will be automatically extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.
Eligibility Criteria
All students under OPT
H-1B petition is selected by USCIS
Request Deadlines
Request for Cap Gap Extension must be submitted before the expiration date of Post-completion OPT.
Request Procedure
Student’s written request for Cap Gap Extension
Copy of I-797, Notice of Action for H-1B petition
Processing Times
SEVIS Help Desk takes at least 4 weeks, but can continue working as long as the request was made prior to OPT expiration date.
There are various scenarios depending on the status of your H-1B petition. Please consult OISS staff for more information. Once your Cap Gap Extension is approved, OISS will provide a new I-20 form with Cap Gap Extension notation.
Please do not hesitate to call the OISS at (310) 338-2937 if you have questions.