Students who are maintaining F-1 status and who are the beneficiary of a timely filed*, cap-count H1B petition/Form I-129 indicating change of status (as opposed to consular processing) and with an employment start date in the fiscal year for which a cap number is being requested may benefit from H1B Cap Gap which automatically extends F-1 status and OPT authorization, if these are in place at the time of the filing, through April 1 of the fiscal year for which the petition is being filed or until the validity start date of the approved petition, whichever is earlier. Cap Gap applications filed after the end of OPT but during the 60 day grace period may extend F-1 status but not employment authorization. Any approved or pending Cap Gap automatically terminates upon the rejection, denial, or revocation of the H1B petition. Students who file an H1B petition after the end of their F-1 status or OPT authorization will not be eligible for Cap Gap. (*Note: Timely filing refers to the submission of the I-129 and all related documents after a student is selected in the annual lottery. Selection in the lottery does not qualify a student to file for Cap Gap.)

Filing for STEM OPT While Applying for H1B/Along Side Cap Gap

Students on regular OPT who are eligible for, and need, Cap Gap work authorization because there is a gap between the end of their OPT and the start of their H1B sometimes also choose to apply for a STEM OPT extension to ensure that they will have F-1 status and work authorization in place if their Cap Gap is terminated due to the rejection, denial, or revocation of their H1B petition. Students applying for STEM OPT in this situation should inform OIE as soon as possible if their H1B petition is rejected/denied/revoked as this can have unintended consequences for their SEVIS record. STEM OPT for students with approved Cap Gap ends on the effective date of the H1B status and these students must report this event following the "End of Employment Reporting" instructions outlined on OIE's "Reporting Requirements During STEM OPT"  page.

Evidence of Cap Gap

If you need printed evidence that you have Cap Gap, you can request an updated copy of your I-20 which should show the Cap Gap information. The I-20 is the only printed evidence a student can get for their Cap Gap.

H1B Properly Filed But Cap Gap Not Showing Up in SEVIS

Cap Gap information is automatically added to a student’s SEVIS record by an automatic update of SEVIS by the USCIS’s CLAIMS database system.  If the cap gap approval is not showing up in SEVIS, and if it has been at least two weeks since you received a form I-797 confirming that your cap gap has been approved, OIE can request a data fix to get this information added to your SEVIS record if you provide us a copy of the form I-797 receipt notice showing the receipt or approval of your H1B petition.

F-1 Requirement to Report a Change of Legal Status and Cap Gap

F-1 students changing to H1B need to report their change of status to Marquette within 10 days of the day the change goes into effect (usually October 1). This report can be via email and should include a copy of the official USCIS notice that the COS to H1B was approved.  Note: Being selected in the lottery (i.e. receiving a notice of "Registration Selection") is not approval of a COS to H1B.

Travel During Cap Gap

DHS has clarified that a student who has had their OPT authorization extended via Cap Gap can generally travel abroad, apply for a new F-1 visa if necessary, and seek reentry to the United States in F-1 status during a period of cap-gap extension if the following three conditions are met:

1. The student's H-1B petition and request for change of status has been approved;
2. The student seeks readmission before his or her H-1B employment begins (normally at the beginning of the fiscal year, i.e., October 1); and
3. The student is otherwise admissible*
   *The official determination of admissibility always occurs at the time the individual applies for admission at a port of entry.
4. Pros and Cons of Filing for Cap Gap