Cap-Gap OPT Extension

Extension of F-1 Status & Work/Employment Authorization Under Cap-Gap Regulations



CAP-GAP EXTENSION OVERVIEW

F-1 students on Optional Practical Training (Post-OPT/STEM OPT) may have employers who wish to extend their U.S. work authorization by sponsoring them for H-1B Temporary Specialty Occupation status.

H-1Bs are issued based on the U.S. government’s fiscal year (October 1 – September 30) and are subject to an annual limit (“Cap”) on the number of H-1Bs available for “Cap-Subject Employers”. This cap includes 65,000 for general applicants and an additional 20,000 for those holding a U.S. master’s degree or higher.

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WHAT IS THE CAP-GAP EXTENSION

A Cap-Gap Extension allows eligible F-1 students to “bridge the gap” between the expiration of their Post-Completion OPT or STEM OPT authorization and the start of their H-1B status. This extension enables students to remain in the U.S. in F-1 status while continuing their Optional Practical Training (Post-OPT/STEM OPT) work/employment authorization until their H-1B status takes effect. [8 CFR 214.2(f)(5)(vi)]

IMPORTANT: H-1B status has a maximum timeframe of six (6) years and is issued in three (3) year increments. An employer MUST file an H-1B petition on a student’s behalf; a student CANNOT file an H-1B for themselves.

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Types of H-1B Employers

  • 1) Cap-Subject H-1B Employers: H-1B petitions filed by a ‘Cap-Subject Employer’ (also known as ‘Private Sector Employer’) can only be filed once a year during the “H-1B Lottery”. The lottery begins in March, and H-1B petitions can be submitted on or after April 1st to USCIS.
    • Examples of a ‘Cap-Subject Employer’ would be Google or Amazon.
  • 2) Cap-Exempt H-1B Employers: H-1B petitions filed by a ‘Cap-Exempt Employer’ (also known as ‘Non-Profit Sector Employer’) can be filed whenever, and the students can switch to H status on the start date requested by the employer.
    • Examples of a ‘Cap-Exempt Employer’ would be a university or a non-profit organization.

ATTENTION: Transferring (i.e., “Porting”) a ‘Cap-Subject Employer’ H-1B to a ‘Cap-Exempt Employer’ H-1B is possible. However, transferring a ‘Cap-Exempt Employer’ H-1B to a ‘Cap-Subject Employer’ H-1B would require the employer to enter the individual into the H-1B lottery.

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H-1B Petition Filing Options

  • A. Change of Status (COS) H-1B (I-797A) Petition: Allows students to remain in the U.S., as their U.S. immigration status will automatically change from F-1 to H-1B.
    • Approved H-1B Petitions: The start date of the H-1B will be listed on the student’s H-1B I-797A approval notice.
    • Pending H-1B Petitions: Students can remain in the U.S. on OPT/STEM OPT using the Cap-Gap Extension until April 1st of the following calendar year – OR – until the start date of the H-1B is listed on the student’s H-1B I-797A approval notice, whichever date comes first.
  • B. Consular Processing/Notification (CPN) H-1B (I-797B) Petition: Allows students to remain in F-1 status on Post-OPT/STEM OPT until they depart the U.S. with their H-1B I-797B approval notice.
    • Once outside the U.S., the student must obtain an H-1B visa sticker/stamp and use that to enter the U.S., effectively changing the student’s status from F-1 to H-1B.

REMINDER: Students are REQUIRED to update the ISO (via iMIT) with this change. See the Cap-Gap Extension Report Requirements section below.

ATTENTION: A Cap-Gap Extension ONLY applies to eligible F-1 students whose “Cap-Subject Employer” timely filed their H-1B petition with USCIS as a “Change of Status (COS)”. Anything outside those criteria (Type-1 and Option-A above) means a student is ineligible for a Cap-Gap Extension.

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CAP-GAP EXTENSION REQUIREMENTS

As mentioned, an F-1 student in a period of Post-Completion OPT or STEM OPT Extension is eligible for an automatic Cap-Gap Extension, but ONLY if specific requirements are met. The requirements include, but are not limited to the following:

  • The “Cap-Subject Employer” submits the student’s information into the H-1B Lottery.
  • The student’s information is selected in the H-1B lottery.
  • The  “Cap-Subject Employer” timely files an H-1B petition and a “Change of Status (COS) on or after April 1.
  • The student’s Post-Completion OPT or STEM OPT Extension authorization is still valid when the H-1B petition is filed with USCIS (i.e., on or after April 1).
  • NOTE: Recently, the number of H-1B applications has far exceeded the available H-1B cap, often more than twice the cap limit.

How To Request A Cap-Gap Extension Form I-20

  • Obtain a Cap-Gap Form I-20: Students in a period of Post-Completion OPT or STEM OPT must log in to iMIT (via limited client services):
    • 1) Select ‘F-1 Practical Training’, ‘OPT/STEM OPT Reporting’, ‘Start New Request’, and
    • 2) Submit the ‘Report Departure from U.S., Visa Status Change (e.g., Cap-Gap I-20 Request), or Unemployment on OPT’ e-Form.
    • 3) The e-Form requires students to upload a copy of their H-1B I-797A Approval Notice.
  • Cap-Gap Form I-20 Processing Times: The ISO aims to process immigration documents/materials as quickly as possible, typically within ten (10) business days (not including holidays or weekends).

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CAP-GAP EXTENSION TIMELINES

If OPT Expires AFTER the H-1B Filing Deadline

Students whose Post-Completion OPT or STEM OPT authorization expires AFTER April 1st of the year their H-1B petition is filed and who meet the eligibility requirements qualify for a Cap-Gap Extension.

  • The Cap-Gap Extension remains valid until April 1st of the following calendar year (per the H-1B Modernization Act) – OR – until the start date on the approved H-1B I-797A petition, whichever occurs first—unless the H-1B petition is denied, withdrawn, or revoked.
  • Example Scenario:
    • An MIT F-1 student graduates on May 31, 2024, and is granted 12 months of Post-Completion OPT, valid from July 10, 2024 – July 9, 2025.
    • Their “Cap-Subject Employer” files an H-1B petition as a  “Change of Status (COS)” on April 1, 2025, with a start date of October 1, 2025, and the H-1B petition is approved.
    • Because the student is the beneficiary of a timely filed and approved H-1B petition, they can remain in the U.S. and continue working under F-1 Post-Completion OPT authorization from July 10, 2025, until their status officially changes to H-1B on October 1, 2025.

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If OPT Expires BEFORE the H-1B Filing Deadline

Students whose Post-Completion OPT or STEM OPT authorization expires BEFORE April 1st of the year their H-1B petition is filed are NOT eligible for a Cap-Gap Extension.

  • H-1B Petition Filed Within 60-day Grace Period: If an H-1B petition is filed within the student’s grace period, they may remain in the U.S., but absolutely NO WORK/EMPLOYMENT can occur until the approved H-1B I-797A start date.
  • H-1B Petition Filed After 60-Day Grace Period: If an H-1B petition is filed AFTER the student’s grace period ends, they must depart the U.S. BEFORE their grace period expires.
    • NOTE: The student may return to the U.S. for H-1B employment only after obtaining an H-1B visa sticker/stamp and no earlier than ten (10) days before the start date listed on their H-1B I-797 approval notice.

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CAP-GAP EXTENSION REPORTING REQUIREMENTS

IMPORTANT: Students are responsible for informing the ISO of any changes within ten (10) calendar days of occurrence. Once an H-1B is approved, students are REQUIRED to notify the ISO via iMIT.

  • Post-Completion OPT: Students in a period of Post-Completion OPT must log in to iMIT (via limited client services), select ‘F-1 Practical Training’, ‘OPT/STEM OPT Reporting’, ‘Start New Request’, and submit the ‘Report Departure from U.S., Visa Status Change (e.g., Cap-Gap I-20 Request), or Unemployment on OPT’ e-Form.
    • The e-Form requires students to upload a copy of their H-1B I-797A Approval Notice.
  • STEM OPT: Students in a period of STEM OPT must log in to iMIT (via limited client services), select ‘F-1 Practical Training’, ‘OPT/STEM OPT Reporting’, ‘Start New Request’, and submit the ‘Report Departure from U.S., Visa Status Change (e.g., Cap-Gap I-20 Request), or Unemployment on OPT’ e-Form.
    • The e-Form requires students to upload a copy of their H-1B I-797A Approval Notice and a copy of their I-983 Final Evaluation Form (bottom section of page 5), which must be completed and signed by the student and their STEM OPT employer.

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CAP-GAP EXTENSION FREQUENTLY ASKED QUESTIONS (FAQS)

This FAQ section will be updated regularly as the International Students Office (ISO) receives additional questions from students and alumni and further clarifications from the Department of Homeland Security (DHS).

  • Question 1: How does a student show evidence of extended work/employment authorization?
    • Answer 1: The student must first provide the ISO (via iMIT) a copy of the H-1B Receipt Notice (Form I-797) and then the H-1B Approval Notice (Form I-797A). The ISO will then issue the student an updated Form I-20, including a notation for the Cap-Gap Extension. NOTE: USCIS does NOT issue new EAD card for the Cap-Gap Extension period.
  • Question 2: Can I travel outside the U.S. during the Cap-Gap Extension period?
    • Answer 2: Students are strongly advised not to travel during the Cap-Gap Extension period since requirements for applying for entry to the U.S. require a valid Employment Authorization Document (EAD) card.
      • A student will not have a new EAD card (only the expired card) and a Form I-20 noting the Cap-Gap Extension authorization during an authorized Cap-Gap Extension period. Per DHS guidance, this is insufficient documentation for entry to the U.S. in F-1 status.
  • Question 3: My SEVIS Record was completed because of an H-1B Change of Status (COS) Approval. However, my H-1B was approved for Consular Processing/Notification (CPN). How can I get this fixed?
    • Answer 3: As a reminder, students are REQUIRED to notify the ISO of any changes within ten (10) calendar days of receiving a notice or change. To request DHS to reactivate a student’s F-1 status/SEVIS Record, they must upload specific materials to iMIT:
      • Students in a period of Post-Completion OPT or STEM OPT must log in to iMIT (via limited client services), select ‘F-1 Practical Training’, ‘OPT/STEM OPT Reporting’, ‘Start New Request’, and submit the ‘Report Departure from U.S., Visa Status Change (e.g., Cap-Gap I-20 Request), or Unemployment on OPT’ e-Form.
        • The e-Form requires students to upload a copy of their H-1B I-797B Approval Notice.

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ADDITIONAL RESOURCES

ISO/MIT Resources:

  • ISO main Employment webpage
  • ISO Knowledge Base webpage
  • ISO F-1 Post-Completion OPT Extension Reporting Requirements webpage
  • ISO F-1 STEM OPT Extension Reporting Requirements webpage

USCIS Resources:

  • USCIS Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations webpage
  • USCIS H-1B Lottery Information webpage
  • USCIS H-1B Lottery Registration Process & Updates webpage

DHS & ICE Resources:

  • DHS H-1B Status and the Cap-Gap Extension webpage
  • DHS Working in the United States webpage
  • DHS Training Opportunities in the United States webpage
  • DHS STEM OPT Hub webpage
  • ICE Travel webpage

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HISTORICAL UPDATES REGARDING CAP-GAP CHANGES

On December 18, 2024, the U.S. Department of Homeland Security (DHS) finalized the remaining provisions of the H-1B Modernization Act [full text]. One key provision expands the F-1 to H-1B “Cap-Gap,” including:

  • Extending employment authorization for students with a timely filed, non-frivolous H-1B petition beyond September 30 if the petition remains undecided until April 1.
  • Allowing petitioners to request an H-1B start date at any point within the fiscal year rather than only on October 1.
  • Clarifying the F-1 60-day “grace period” in cases where an H-1B petition is denied, revoked, or withdrawn.

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Disclaimer: The information on this webpage is for MIT students only. For additional questions, students should email their ISO Advisor directly.

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