Optional Practical Training (OPT) – H-1B Cap-Gap Extension

OPT H-1B Cap-Gap Extension

The duration of F-1 status and work authorization can be extended, H-1B Cap-Gap, for students on OPT or STEM OPT if they have a timely-filed, non-frivolous H-1B petition.

H-1B Petition Requirements: This petition must request a change of nonimmigrant status with an employment start date in the fiscal year for which such H-1B status is being requested.

Duration of Cap-Gap Extension: As of January 2025, F-1 students with valid OPT or STEM OPT employment authorization at the time of the H-1B filing (meeting the requirements for cap-gap) are eligible for an extension of their F-1 status and employment authorization until April 1 of that fiscal year or until the start date of the approved H-1B petition, whichever is earlier.

Extension Termination: This extension will automatically terminate if the H-1B petition is rejected, denied, or revoked. See here for additional information from USCIS.

H-1B Receipting in SEVIS

Your SEVIS record may not accurately reflect the status of your H-1B petition.

Employer Responsibility: Since your employer files the H-1B petition, ISSS cannot comment on your case status.

Employer’s Check: Alternatively, your employer can check if the H-1B filing fee check has been cashed to confirm receipt. 

How to Apply for a Cap-Gap I-20

To request an updated I-20 for a cap-gap extension, complete the Cap-Gap Extension I-20 Request eform in iPenn.

You will need: 

  • Copy of I-94 printout, see here for additional details.
  • Copy of OPT or STEM OPT EAD card 
  • Employer’s name and full address, including zip code 

Additional Documents Required

For a receipted H-1B petition

Form I-797 Receipt Notice and a letter from your employer stating:

  • The cap-subject H-1B petition was filed with a request for change of status, not consular processing. 
  • The H-1B petition was filed with a requested start date in the fiscal year for which such H-1B status is being requested.

For a properly-filed H-1B petition

A letter from the employer stating you are the beneficiary listed on a properly filed cap-subject H-1B petition (filed punctually with a request for change of status, not consular processing, and a requested start date in the fiscal year for which such H-1B status is being requested) and proof of delivery to USCIS showing the date of receipt.

For an approved H-1B petition

Form I-797 Approval Notice.

Things to Consider

Cap-Exempt Employers: This benefit is not available for H-1B petitions filed by cap-exempt employers. 

Extension of Status Only: Cap-gap employment benefits are only available to students with valid OPT or STEM OPT employment authorization at the time the H-1B petition is filed with USCIS. F-1 students in their 60 day grace period at the time of filing will have their F-1 duration of status extended through cap-gap, but will not have employment authorization.

Reporting Requirements: Students on cap-gap extensions must report any change of name or address, or any employment interruption within 10 days by submitting the OPT Reporting eform in iPenn.

Unemployment Limit: The 90-day unemployment limit during initial post-completion OPT continues during the cap-gap extension. 

F-1 Status During Cap-Gap: Students on cap-gap must maintain their F-1 status.

International Travel: Students on cap-gap extension should discuss the potential risks of international travel with their ISSS advisor and employer prior to making any plans.

STEM OPT

Reporting Requirement: You are required to continue making validation reports to ISSS every six months. For details, read the Reporting Requirements while on STEM OPT. 

Unemployment Limit for STEM OPT: STEM degree holders granted a 24-month OPT extension may not accrue more than 150 days of unemployment during the total 36-month OPT period. 

SEVIS Help Hub: F-1 Optional Practical Training (OPT)

Please refer to DHS Study in the States for more information on OPT.