H-1B Cap Gap
Because corporate H-1B visas begin on October 1 and most students graduate in May or December, there is often a gap of time between the OPT end date and the H-1B start date.
To remedy this, USCIS may provide a temporary extension of F-1 status and/or work authorization while the H-1B petition is being processed.
- This benefit is offered only from April 1 to October 1 and only in conjunction with a corporate H-1B petition that is pending or approved with an October 1 start date.
- The extension begins the day after the OPT EAD end date and ends on September 30.
- You can request an I-20 and a status verification letter that indicates this extension.
- You remain in F-1 status until the H-1B start date. You should continue to maintain your F-1 status by submitting Post-Completion or STEM OPT Reporting as appropriate.
If your H-1B petition is denied or withdrawn and your OPT has ended, your status ends 60 days from the date posted on your denial/withdrawal. Please notify the ISSO if this occurs.
Understand H-1B Cap Gap
Registration Notice VS Receipt Notice
Employers must complete an electronic registration as a part of the H-1B petition process. Registration opens in March. If your registration is selected for the lottery, USCIS will mail a registration notice to your employer with details about when to file the application. The registration notice by itself does not grant any cap gap benefits.
After filing the petition with USCIS, your employer will receive an I-797C Receipt Notice. This notice confirms that the application has been received by USCIS.
The filing date on the receipt notice is used to determine your H-1B Cap Gap benefits, not the date on your registration notice. The date that the complete H-1B Petition is filed with USCIS determines whether you will have an extension of your F-1 status and/or work authorization.
H-1B Cap Gap
If you have timely filed and properly filed for H-1B, you may be eligible for a Cap Gap extension.
Timely and properly filed
This term means that the H-1B petition meets all of the following criteria.
- Indicating change of status rather than consular processing.
- Was filed (not just registered) during the H-1B acceptance period.
- Applicant is in valid F-1 status either as a student, or on OPT, or on grace period.
The Cap Gap extension may include work authorization, or it may be for your status only. The type of Cap Gap extension you are eligible for depends on your OPT end date and the date in which your H-1B petition was filed. Note, filing the H-1B petition is not the same as completing the online registration. Online registration by itself does not confer any Cap Gap benefits.
- If your H-1B petition is filed before your OPT end date (and if your OPT will end before October 1), you are eligible for an extension of status and work authorization.
- If your H-1B petition is filed during your 60-day grace period (and your grace period ends before October 1), you are eligible for an extension of your status only (no work authorization).
Cap Gap Scenarios
| Situation | Impact |
|---|---|
| Selected for H-1B but have not filed petition yet | You are not eligible for the Cap Gap extension. Cap Gap benefits are based on the filing of the H-1B petition. |
| Timely filed H-1B petition during an active period of Post-Completion OPT or STEM OPT | You are eligible for an extension of F-1 status and work authorization until September 30. |
| Timely filed H-1B petition during 60-day grace period after OPT | You are eligible for an extension of your F-1 status until September 30, but there is no extension of work authorization. |
| H-1B petition withdrawn or denied | If you are in an active period of Post-Completion OPT or STEM OPT, you can continue to maintain F-1 status on OPT. If you are on Cap Gap, your Cap Gap extension is automatically terminated. Your 60-day grace period ends 60 days from the date of the notice. |
| Your Post-Completion OPT or STEM OPT period ends after September 30th | You are not eligible for the Cap Gap extension because there would be no gap in your work authorization. |
| Your Post-Completion or STEM OPT period ends before April 1st | You will not be eligible for an extension of your work authorization because your active OPT period ends before the earliest possible H-1B filing date. You may be eligible for a Cap Gap extension of your F-1 status. Please note, the H-1B filing dates change each year. Refer to the USCIS webpage for details about the current H-1B filing season. |
Contact an ISSO Advisor or an immigration attorney to obtain advice about your specific situation. Please note, the ISSO advisors are not experts on H-1B. The ISSO advisors can advise on your F-1 status, the cap gap benefits, and OPT reporting obligations.
ISSO Services
Immigration Document Copy Request
The ISSO offers a courtesy service for UTD students and alumni who need copies of immigration documents that the ISSO has on file. Remember, maintaining copies of all your immigration documents is your individual responsibility.
Submit the Immigration Document Copy Request through the iComet Portal. See our current processing times.
- Log into the iComet Portal using your NetID and password.
- Click on “F-1 Alumni” on the left side of the page.
- Click on “Immigration Document Copy Request.”
- Fill out the eForm with your information. Remember to click “submit” at the bottom of the page.
- Check your UT Dallas email address. We will send you a confirmation email as soon as your request is processed.
H-1B Cap Gap Extension I-20 and Verification Letter
The Cap Gap extension is not applied by the ISSO. It is applied automatically by USCIS when your employer files your complete application and it is receipted. It is therefore not mandatory to request an I-20 reflecting the Cap Gap extension from the ISSO. However, you may do so if you would like documentation of the extension. The I-20 will resemble your previous OPT I-20, with an additional paragraph on page 2.
The ISSO also offers a Cap Gap Status Verification Letter that documents whether you have an extension of your F-1 employment and/or work authorization in your SEVIS Record. If your SEVIS record lists your receipt number, that information will be indicated in the letter.
Request a Cap Gap I-20 and/or Cap Gap Status Verification letter by submitting a Cap-Gap Extension Services Request through iComet.
After H-1B is Approved
After you receive your I-797 Approval Notice for H-1B status, report this change to the ISSO. If you are currently on OPT or STEM OPT, report this change through the OPT reporting procedures. Include a copy of your I-797 Approval Notice. If you are not on OPT, please submit a copy of the I-797 Approval Notice to ISSODocuments@utdallas.edu.
Frequently Asked Questions (FAQs)
My driver’s license is expiring the same date my OPT EAD expires, is my Cap Gap Extension I-20 enough to show that my F-1 status has been extended?
F-1’s whose status has been extended by cap-gap provisions must also present the Form I-797, “Notice of Action,” indicating that the Change of Status application has been approved. USCIS has stated that you should wait 10 days after receiving proof of the I-797 before applying for the renewal of the driver’s license. If you have F-2 dependents, they will also need to take proof of the relationship, and proof of the primary F-1 immigration status. Please note that F-2 dependent driver’s license requests often need to be referred to the Systematic Alien Verification for Entitlements (SAVE) system to verify immigration status. This will result in a longer wait time for the renewal. For more information, please see the DMV factsheet.
May I travel outside the US during the cap gap extension period and return in F-1 status?
SEVP recommends that you do not travel outside the US during the cap gap extension, if possible, as USCIS will consider a change of status application abandoned if the applicant leaves the country while the application remains pending. If you must travel, you must have a valid EAD in order to return in F-1 status. Otherwise, please speak with an immigration attorney about re-entering in H-1B status.
Do the same limits on unemployment time apply to me during cap gap extension?
Yes. You are not granted additional unemployment time for the Cap Gap period. F-1 students in their initial 12 months of OPT may accrue up to 90 days of unemployment. F-1 students who are in their 24-Month STEM OPT period may accrue up to 150 days of unemployment. Accruing more than the allowed amount of unemployment time is a violation of your F-1 status.
Do I still need to report to ISSO during the cap gap extension period?
Yes. Your OPT reporting requirements remain the same until your new status begins. You should continue to maintain your F-1 status during the Cap Gap period by reporting any change of address, legal name change and changes in employment within 10 days. Students in a period of STEM OPT should continue to submit a validation report every sixth months.
My employer filed my H-1B application. How will I know if I have the cap gap extension?
You must remain in contact with the employer that filed the I-129 Petition for a Nonimmigrant on your behalf. Until USCIS issues receipt notices, only the employer will know when the application is properly filed or waitlisted. You may obtain evidence from your employer for either of these two events and ask the ISSO to request an I-20 documenting your extension. In the event that the information is not reflected in SEVIS, ISSO may request a data fix of your SEVIS record. The data fix is completed by the SEVIS Help Desk and may take several weeks.
ISSO says that SEVIS does not show that my work authorization and status have been extended. What does that mean?
Sometimes the SEVIS database does not update automatically after USCIS receives an application. If your H-1B application was receipted or approved, and your SEVIS record does not properly reflect this status, ISSO can request a data fix to correct your record. ISSO will need a copy of the receipt or approval notice (Form I-797) to request the data fix. The data fix is completed by the SEVIS Help Desk and may take several weeks.
