Cap Gap to H-1B

A Cap-Gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the gap between the end of their F-1 Post-OPT/STEM OPT work authorization and the start of their cap subject H-1B status, allowing them to remain in the U.S. during the "gap."

The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.

Note: The Cap-Gap is not available for F-1 students whose H-1B application has been filed as Consular Processing or is Cap Exempt.

Eligibility

If you meet all of the following eligibility criteria, you may be entitled to an extension of F-1 status to cover the “cap gap” period:

You have properly maintained F-1 status
Your employment is subject to the H-1B cap
Your employer filed an H-1B petition for “Change of Status” (not “Consular Notification”) on or after April 1
Your F-1 status ends, including your 60-day grace period, between April 1 and the start date of your H-1B

Note: If your registration is selected in the lottery, this does not mean that you are eligible for the Cap Gap extension. Your sponsor should receive an I-797 notice of your selection, but they still need to file the H-1B petition in a timely manner in order for you to be eligible for the Cap-Gap extension.

There are two types of cap-gap extensions:

Extensions of F-1 status only (eligibility after OPT ends)

If the H-1B petition is filed for you during your 60-day grace period, you will receive a cap-gap extension of your F-1 status, but will not be authorized to work. This means you can remain in the U.S. in F-1 status during the cap-gap period but will not be eligible to work until USCIS approves the H-1B petition and your H-1B status begins.

Extensions of F-1 status and OPT work authorization

If the H-1B petition is filed for you while you are on an active period of Post-OPT/STEM OPT, you will receive a cap-gap extension of your F-1 status and OPT authorization. This means you will be eligible to continue working on OPT until USCIS approves the H-1B petition and your H-1B status begins.

Extension Periods

A student who is the beneficiary of a receipted or approved H-1B petition will have their F-1 status automatically extended (if the cap-gap is needed). The cap-gap extension of status will continue until April 1 of the fiscal year for which such H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.

You are only eligible to apply for the cap-gap extension, once your H-1B petition is in pending or approved status with USCIS. If your registration is selected in the lottery, you are not eligible to apply for the cap-gap extension, until your H-1B petition has been filed and is pending with USCIS.

Note: Students who will continue to have valid Post-OPT/STEM OPT until their H-1B start date, do not need to apply for a cap-gap extension I-20 as they are not eligible (since it is not needed) for their situation.

How to apply

If you meet the eligibility criteria listed above, the cap-gap extension is automatic. You do not have to apply for a cap-gap extension. USCIS informs SEVIS of the H-1B application and the cap-gap is added to your SEVIS record.

After you have received the H-1B Receipt Notice or Approval Notice, you may request for a Cap-Gap Extension I-20.

How to Request a Cap-Gap I-20

Ensure that you have uploaded a copy of your EAD card through the ISSC eForm Portal or link under My ASU Priority Tasks.
Report or update your employment (if you have not done so) through the SEVP Portal (Post-OPT) or the ISSC eForm Portal (STEM).
Ensure your current local address is listed in your My ASU.
Complete and submit the Replacement for I-20 eForm through the ISSC eForm Portal. Please have one of the following documents ready to upload:
- Receipt Notice (1-797C)
  or
- Approval Notice (I-797A)

ISSC will e-mail you when your Cap-Gap I-20 is ready. Our general processing time can take up to 7 business days. If you plan to travel during the cap-gap period, please consult with your employer/immigration lawyer as traveling or leaving the US might affect your H-1B application

Maintaining status

Maintaining status during Cap Gap extension

During your Cap Gap period, you are still required to maintain your Post-OPT or STEM OPT extension status until your H-1B status begins.

Reporting requirements

It's your responsibility to report on time. Although you are set up to receive reminder emails, they may not work as designed. Please make sure you set reminders to report regularly.

Submitting your H-1B approval notice through the Demographic Update eForm will allow the ISSC to update your SEVIS record.

10 days: Remember: Students must report to a DSO any changes in the student’s legal name, address, employer or employment status within 10 days of the change.

Please see the Optional Practical Training Priority Task link on My ASU to learn how to report these changes.

Employment restrictions

It is imperative to keep in touch with your employer's legal team regarding any changes that may affect your H-1B petition or approval.

H-1B Rejection/Denial/Withdrawal/Revocation

If your H-1B petition is rejected, denied, withdrawn, or revoked, your cap-gap extension is immediately terminated. Most likely, you will be entitled to a 60-day grace period from the date of the USCIS notification. However, if the H-1B denial was due to a status violation, there is no grace period.

In some instances, if your H-1B status is revoked or withdrawn before the H-1B status start date, the ISSC may be able to request SEVP to reactivate your F-1 status. However, if you did not maintain your F-1 status and abide by all reporting requirements and regulations, you will not be eligible to have your F-1 status reactivated.

F-1/J-1 students

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Cap Gap to H-1B

On This Page:

Cap Gap to H-1B

Eligibility

There are two types of cap-gap extensions:

Extensions of F-1 status only (eligibility after OPT ends)

Extensions of F-1 status and OPT work authorization

Extension Periods

How to apply

How to Request a Cap-Gap I-20

Maintaining status

Maintaining status during Cap Gap extension

Reporting requirements

Employment restrictions

H-1B Rejection/Denial/Withdrawal/Revocation

F-1/J-1 students