Cap-Gap OPT Extension
Temporary Suspension of H-1B Premium Processing
USCIS is temporarily suspending Premium Processing for all H-1B petitions received on or after April 3rd.
You are eligible for an extension of both your F-1 status and OPT if:
Before You Apply
The cap refers to the limit or quota on the number of individuals who can receive H-1B status at the beginning of the government's fiscal year — October 1st. The cap is currently set at 65,000 recipients plus an additional 20,000 for those with US Master's degree or higher.
The gap is the period of time between the end of your F-1 OPT and the beginning of H-1B status. If you graduated in May, typically your 12 months of OPT will end sometime between mid-May and mid-July, leaving a gap in legal status and authorized employment through September 30th.
The Cap-Gap rule automatically extends F-1 status and, when applicable, extends OPT work authorization until September 30th, unless the H-1B petition is rejected in the lottery (when the number of petitions exceeds the cap), denied, or revoked by USCIS.
If eligible, you don’t apply for a new EAD and don't pay a new USCIS fee. Your employer can allow you to continue to work on the basis of the timely-filing of your H-1B petition while your OPT was valid.
An updated “cap-gap” I-20 will reflect your extended OPT permission to work until September 30th.
The earliest a “cap subject” employer can file an H-1 petition on your behalf is 6 months in advance of the requested start date, which means April 1 for the following October 1.
How to Get a Cap-Gap I-20
Report your current employment if you haven’t yet done so.
Your employer's name and address will be printed on the cap gap I-20.
Gather your documents
Login to Compass with your UNI and password to submit your application
Please click the appropriate link below:
We will contact you
Allow up to 10 business days for us to review and process your application. We will notify you by email when your new Cap-Gap I-20 is ready to be picked up or shipped.
Review, sign and date your I-20.
Travel During Cap-Gap Extension Period
It will nullify the change of status and make you ineligible for the cap gap extension.
Generally, you may travel abroad and return to the US in F-1 status during a Cap-Gap period if:
FAQs (Frequently Asked Questions)
Your F-1 legal status to remain in the US may be extended, but unfortunately you won't have permission to continue working.
You and your employer will need your passport, EAD card, I-797 receipt notice for H-1B Petition or I-797 B approval notice, Cap Gap I-20, passport. They can refer to page 21 of the Employers’ I-9 Manual.
If your H-1B petition is not selected and approved, you will have the standard 60-day grace period from the date of the rejection notice to depart the US, transfer the I-20 to a new program, or apply for a change of status.
However, if a denial is based on a discovered status violation, there is no grace period and you have to leave the US immediately.
Yes. The 90-day limitation on unemployment during the initial post-completion 12-Month OPT authorization continues during the cap-gap extension, as does the additional 60-day limitation on unemployment under the STEM OPT extension guidelines.
Yes, but your STEM OPT Extension application must be received by USCIS before your cap-gap extension period expires.
Yes. Your F-2 dependent’s status is also extended.