H-1B Cap-Gap Extension

• Overview

  The cap-gap is the period after an F-1 student’s post-completion OPT has expired, but before their H-1B work authorization begins on October 1.

  The cap-gap extension automatically extends F-1 students’ immigration status and work authorization in order to bridge the gap between the end of their F-1 status and the start of their H-1B status ensuring the students’ employment and stay in the U.S. are not interrupted.

  Eligibility

  You are eligible for the cap-gap extension  if your OPT will end before the start of your H-1B, you have maintained F-1 status, and you are the beneficiary of an H-1B petition that:

  • has been properly and timely filed AND
  • requests an employment start date of October 1st AND
  • requests a change of status to H-1B

  Note: If your H-1B petition requests consular processing rather than a change of status, you are not eligible for the cap-gap extension.

• When to Apply

  
  When to Apply

  You should apply for a cap-gap extension as soon as you have proof that your H1-B petition is pending or was approved. In order to continue working on OPT, your H-1B petition must be filed before you post-completion OPT ends.

  Please keep in mind that we cannot extend your I-20 for the cap-gap period unless we have proof that your H-1B petition was properly filed, is pending, waitlisted or has been approved.

  If you do not have an I-797 receipt notice and your OPT will expire before June 1, we can extend your I-20 based on proof that your H-1B petition was timely filed. Such proof should include:

  1. A statement from your employer indicating that you are the beneficiary listed on a properly filed H-1B petition, AND
  2. Proof of delivery of your H-1B petition to a USCIS Service Center (e.g. Express Courier Delivery Receipt)
• How to Apply

  
  How to Apply

  F-1 Students wishing to request an H-1B cap-gap extension should submit the H-1B: Cap-Gap Extension Request accessVIS. 

  Step 1: Log on to accessVIS using Limited Services

  
  

  1. To login to accessVIS click here.
  2. Click the "Limited Services" link on the accessVIS homepage.
  3. Enter your Stony Brook ID#, date of birth and Limited Services PIN (this will be emailed to you).

  Step 2: Complete the 'Cap-Gap Extension' request in accessVIS

  Complete and submit H-1B: Cap-Gap Extension Request

  NOTE: If any of your employment details have changed since you last reported to VIS, you must update them by submitting the respecting Post OPT/STEM Reporting eForm. 

  Step 3: Upload copies of your documents

  You must upload a copy of your H-1B receipt or approval notice and a copy of your valid EAD card before you can submit your application.

  Step 4: Collect your new I-20

  If your petition for H-1B was timely filed (before the expiration of your post-completion OPT), a new I-20 indicating your cap-gap extension will be issued, and your work authorization will be extended through September 30.

  If your petition for H-1B was filed during your 60 day grace period (after the expiration of your post-completion OPT), a new I-20 indicating your cap-gap extension will be issued, but only your ability to remain in the U.S. will be extended through September 30. You cannot work until your H-1B is valid on October 1.

   

• FAQs

  
  Frequently Asked Questions

  How long does the cap-gap extension application process take?

  In most cases, your new I-20 will be issued within 5-7 business days upon receipt of proper documentation. Occasionally, it is necessary for us to make a request to SEVIS for your information to be manually added to your SEVIS record. If this is necessary, your I-20 may take 3-4 weeks.

  You will be notified via email when your new I-20 is ready.

  Can I work while my cap-gap extension is in process?

  If your petition for H-1B was timely filed (before the expiration of your post-completion OPT or 24-month STEM extension), your work authorization will be extended through September 30.

  If your petition for H-1B was filed during your 60 day grace period following the expiration of your OPT (post-completion OPT or 24-month STEM extension), only your ability to remain in the U.S. will be extended through September 30. You cannot work until your H-1B becomes valid on October 1.

  Note: Your work authorization automatically ends if the USCIS rejects, denies or revokes your H1B petition.

  How long will my OPT be extended?

  The length of your cap-gap extension is determined by the status of your H-1B petition and the expiration date of your EAD card.

  If Your H-1B Petition is Approved: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization and F-1 status will both be extended until September 30.

  If Your H-1B Petition is Pending: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS) and you have an H-1B Receipt Notice, your OPT work authorization will automatically be extended until September 30.

  If Your H-1B Petition was Filed, But Not Receipted: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization can be extended until June 1 and your F-1 status extended until August 1. If this is your situation, submit proof to VIS that your application was delivered to the USCIS.

  If Your H-1B Petition is Waitlisted: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization will automatically be extended until July 28.

  What happens if my H-1B petition is withdrawn, denied, or rejected?

  If your H-1B petition is withdrawn, denied or rejected, your OPT work authorization will end 10 days after the notification date and you will have a 60 day grace period to depart the U.S.

  Note: If the H-1B was denied due to discovery of an immigration status violation or revoked because of fraud or misrepresentation, there is no grace period.

  Can I travel outside the U.S. during the cap-gap extension?

  If your EAD card is still valid, you may travel outside and reenter the U.S. However, please consult with your immigration attorney regarding any travel plans while your H-1B petition is pending and after it has been approved.