F-1 Optional Practical Training (Cap Gap Extension)
The OPT Cap Gap extension was established by USCIS to allow students with a pending, wait listed, or approved petition for H-1B temporary worker status with a cap-subject employer to continue working between OPT expiration and H-1B start date. Any student on post-completion OPT who is the beneficiary of a timely filed, cap subject H-1B petition (start date: October 1 of the upcoming fiscal year) may continue his or her employment and extend F-1 status. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on behalf of the student. Students benefiting from the Cap Gap extension do not receive a new EAD, only an amended I-20. To receive the new I-20, you must submit a completed H-1B Cap Gap Request Form and one of the following to your International Student Advisor:
- A copy of the receipt notice (if the H-1B petition is still pending)
- A copy of the wait list information (if the H-1B petition is wait listed)
- A copy of the approval notice (if the H-1B petition is approved)
Your new I-20 will be mailed by regular U.S. Postal Service to the address listed on the request form. If you would prefer express mail, please work with eShip Global to request expedited service.
If you receive a rejection/denial of your H-1B request on a date that falls after the expiration date on your OPT EAD card, you must terminate your employment immediately. You are allowed a 60-day grace period following the denial to obtain a new I-20 for additional study in F-1 status, change your status, or depart the United States.
Students benefiting from the Cap Gap should not leave the United States after the expiration of the EAD as they will not be re-admitted to the United States in F-1 student status. Students with an approved H-1B who travel internationally will need to obtain an H-1B visa stamp and re-enter the country a maximum of 10 days before the start date. Students benefiting from the Cap Gap should thus discuss any international travel plans with both an International Student Advisor and the employer.
If your employer would like more information on the H-1 B Cap Gap, there is information on the USCIS website, including Information for Employers on the Cap-Gap Extension of Optional Practical Training.