The Cap-Gap extension is a provision that allows F-1 students on OPT (Optional Practical Training) to extend their work authorization when they have a pending or approved H-1B petition. This extension bridges the "gap" between the end of the OPT period and the start of the H-1B status, which typically begins on October 1st.
What is the Cap-Gap Extension?
The Cap-Gap extension automatically extends the F-1 status and OPT work authorization for students who meet the following criteria:
Their OPT is set to expire between April 1st and September 30th.
They have a pending or approved H-1B petition with a start date of October 1st of the current year.
How Does the Cap-Gap Extension Work?
Automatic Extension:
If you have an H-1B petition filed by your employer and it's selected in the H-1B lottery, your F-1 status and OPT employment authorization will be automatically extended until September 30th.
This automatic extension allows you to continue working in the U.S. without interruption.
Types of Cap-Gap Extensions:
Cap-Gap Extension of OPT: If your OPT end date is before June 1st and your H-1B petition is pending or approved, your OPT is extended, allowing continued employment.
Cap-Gap Extension of F-1 Status: If your OPT ends after June 1st but before October 1st, your F-1 status is extended, but you may not have work authorization unless your H-1B petition is approved.
How to Obtain Proof of Cap-Gap Extension?
SEVIS Update:
Once your employer’s H-1B petition is filed and selected, the Designated School Official (DSO) at your school will update your SEVIS record to reflect the Cap-Gap extension.
This update will generate an updated Form I-20 indicating the extension.
Requesting an Updated I-20:
Contact your DSO to request an updated Form I-20 that shows your Cap-Gap extension.
This updated I-20 will serve as proof of your extended OPT employment authorization.
Important Considerations
Unemployment Limits:
During the Cap-Gap extension period, you must continue to comply with the 90-day unemployment limit for OPT.
Travel Restrictions:
Traveling outside the U.S. during the Cap-Gap extension period can be risky. If you travel abroad and your H-1B petition is still pending, you may not be able to re-enter the U.S. until your H-1B status is approved and activated.
Petition Denial or Withdrawal:
If your H-1B petition is denied, withdrawn, or not selected, your Cap-Gap extension ends immediately. You will have a 60-day grace period from the date of denial or withdrawal to prepare to leave the U.S., change your status, or transfer to another program.
STEM OPT Extension:
If eligible, you can also apply for the 24-month STEM OPT extension. If approved, this would provide an additional period of work authorization, even if your H-1B petition is not selected or approved.
Conclusion
The Cap-Gap extension is a valuable provision for F-1 students transitioning to H-1B status, ensuring continued employment and maintenance of status during the gap period. Understanding the conditions and requirements of the Cap-Gap extension can help you navigate this critical period smoothly and avoid potential issues with your work authorization and legal status in the U.S.
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