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 if they have a timely-filed, non-frivolous H-1B petition. This petition must request a change of nonimmigrant status with an employment start date of October 1 of the next federal fiscal year (October through September).

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 Checks in SEVIS

The SEVIS record may not accurately reflect the status of your H-1B petition. Since your employer files the H-1B petition, ISSS cannot comment on your case status. 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 EAD 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 of October 1 of the following federal fiscal year. 

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 of October 1 of the following federal fiscal year) 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

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

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/STEM OPT eform in iPenn.

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

F-1 status during post-completion OPT depends on employment. 

Students on cap-gap extension should not travel outside the U.S. if their OPT EAD has expired. 

STEM OPT

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