Cap Gap Extension

Cap Gap Extension / Transition to H-1B

A “Cap Gap” extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of their F-1 status and the beginning of their H-1B status. The most common situation occurs when a student’s OPT ends in early spring or summer, and the 60-day grace period following the completion of their OPT ends before their H-1B status, creating a gap in status. A Cap Gap I-20 can be issued by the ISO to extend an F-1 student’s authorized period of stay in the U.S. and OPT employment authorization until the start of their H-1B status (student will not receive a new EAD).

To request a Cap Gap I-20, please submit the following via email to iso@masters.edu:

• Completed I-20 Change Request Form (mark ‘Other’: Cap-Gap I-20 Request)

• Current I-20 (all pages)

• Current Employment Authorization Document (EAD, front side only)

• If H-1B has been receipted by USCIS or approved:

  • I-797A (Change of Status Within the U.S. Approval), or

  • I-797B (Change of Status Through U.S. Consular Processing Approval), or

  • I-797C (Receipt Notice for Pending H-1B Application)

• If H-1B has been submitted to USCIS but not receipted:

  • Proof of delivery to a USCIS Service Center showing date received

• Proof of reported OPT/STEM OPT employment

Eligibility Requirements

Current 12-Month OPT or STEM OPT students:

• In an approved period of F-1 employment with a future EAD End Date, and

• Who have a properly filed, receipted, or approved H-1B application

The H1-B petition must be filed before your EAD End Date has been reached. If your EAD Card expires before the H-1B petition was filed, you will have the standard 60-day grace period after the EAD End Date, but you are not eligible for an extension of work authorization.

Timeline

OIS processes an I-20 that takes into account the different stages of the H-1B filing, selection and adjudication process. The Cap-Gap Extension I-20 contains an endorsement that F-1 status and employment authorization are automatically extended to the applicable dates indicated below.

USCIS will note an expiration date on the cap-gap Form I-20 as follows:

• Filed, but not yet receipted H-1B petition: F-1 status/OPT extended to June 1.

• Receipted or approved H-1B petition: F-1 status/OPT extended to September 30.

During this period, the student can remain in the United States and continue employment with an expired EAD (Employment Authorization Document).

Traveling Abroad During the Cap Gap Extension

An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:

1. The student’s H-1B petition and request for change of status has been approved;

2. The student seeks readmission before his or her H-1B employment begins (normally at the beginning of the fiscal year on October 1); and

3. The student is otherwise admissible.