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Cap Gap Extension

U.S. immigration regulations specify that the duration of status (D/S), and any post-completion Optional Practical Training (OPT) work authorization, will be automatically extended for an F-1 student who is in a valid period of OPT and has filed an H-1B petition requesting change of status and an employment start date of October 1 of the current year in a timely manner.

An automatic cap gap extension of an F-1 student's duration of status also applies to the duration of status of the student's dependents in F-2 status, but does not grant work authorization to the F-2 dependents.

Eligibility

The student must be in a valid period of OPT (end date is April 1 or later). Only students with cap-subject H-1B petitions are eligible for Cap-Gap.

The student must also have filed an H-1B petition that:

  • Has been timely filed.
    • "Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, which begins April 1st, while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the 'grace period'".
  • Requests an employment start date of October 1 of the current year.
  • Requests a change of status, not consular processing.

The student must not have violated the terms or conditions of his or her F-1 status. If an H-1B cap-subject petition is filed for a F-1 student who has entered their 60-day grace period, the student will receive the automatic extension of his or her F-1 status, but will not be authorized to work since the student was not authorized to work at the time H-1B petition was filed.

Request a Cap-Gap I-20 from ISEO

Login to iPortal with your PID (not email/user name) and submit a "F-1 Cap-Gap I-20 Request". 

  • Upload a PDF copy of your OPT EAD card.
  • Upload a PDF copy of your H-1B Receipt or Approval Notice.
    • If you do not yet have an H-1B Receipt Notice: You must upload the following three documents together in lieu of the H-1B Receipt or Approval Notice:
      • I-797 receipt showing you were selected in the lottery.
      • Letter from your attorney confirming the filing of the H-1B petition and requesting a change of status.
      • Copy of the express mail receipt.
  • Your new I-20 reflecting your CAP-GAP extension will be issued within 10 business days.
  • Note that if you do not yet have an I-797 receipt notice for the H-1B application, your I-20 will only be extended only until June 1.
    • Once you receive the H-1B receipt, you will need to submit another "F-1 Cap-Gap I-20 Request" in iPortal and we will send you a new I-20 with the Cap Gap extension through September 30.