H-1B and Cap Gap Extension

The H-1B is a nonimmigrant status that allows temporary employment in "specialty occupations." The H-1B is an employer-sponsored nonimmigrant classification which allows persons who are not citizens or permanent residents of the U.S. to work in a specialty occupation for up to six years with very limited exceptions. The International Services and Engagement Office Student Advisors only advise on H-1B when UC San Diego is the sponsoring employer. If the sponsoring employer is not UC San Diego, ISEO recommends that an attorney is consulted. 

To be eligible for a cap-gap extension, students must have a pending or approved H-1B petition requesting a change of status, and the petition must be filed before the end of their F-1 status or OPT/STEM OPT period.  

The Cap-Gap extension is available to students whose H-1B was as a Change of Status and is on: 

• Approved F-1 OPT  
• Approved STEM OPT  
• 60-day grace period and have a pending or approved change-of-status for a H-1B petition with USCIS which was filed prior to the expiration of their OPT/STEM or 60-day grace period.  

Please be advised that if the employer filed your H-1B (change of status) petition and it is received by USCIS after your post-completion OPT/STEM OPT expires but during your 60 day grace period following OPT, your F-1 status and permission to remain in the U.S. are extended but you are not eligible to work.

Consular Processing H1-Bs are not eligible for Cap Gap Extension 

You are not eligible for the Cap Gap Extension if your employer files for your H-1B via consular processing. If a Cap-Gap appears in your F-1 record and you are in one of these categories, please contact the International Services and Engagement Office as soon as possible so that we can submit a SEVIS Helpdesk to remove the H-1B or Cap-Gap information from your F-1 record. Incorrect consular processing H-1B notations are common. 

You are eligible to apply for the STEM OPT Extension if you have an approved CAP Gap on your SEVIS record. Please be advised to apply for STEM OPT before your OPT EAD expires and within the timeline for STEM. See the STEM OPT page for more information.  

If you are planning to apply for STEM OPT, you should submit your STEM OPT application on time, before the original 12-month EAD expires. Your STEM OPT I-20 will also include a support letter which explains the Cap Gap on your record and requests that USCIS provide you the STEM OPT Extension based off of your EAD card dates.  

Submit a Cap-Gap Extension I-20 Request in iServices:

• Find the Working in the U.S. category in the left menu.
  • Select STEM OPT Requests.
  • Choose the Cap-Gap Extension I-20 Request option.
• Prepare a PDF copy of:
  • Your EAD card.
  • 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:
    • If you do not yet have an H-1B Receipt Notice: You must upload the following: 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.
    • 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.
• You will receive a confirmation email when your request has been successfully submitted.
• ISEO has an average processing time of 10 business days. You will be notified via email when your request is complete.