Cap Gap is the time between the official end-date listed on your Employment Authorization Document (EAD card) and the official start date of an H-1B non-immigrant visa.
Cap gaps are most commonly needed when your Optional Program Training (OPT) ends in the spring or early summer, and your F-1 status expires 60 days after that—leaving a gap of several months before your H-1B status begins on October 1.
If you have maintained all terms and conditions of your F-1 status, cap gap is automatically extended to bridge the time. But continue to check in regularly with your petitioning employer to get status updates on the H-1B petition processing.
For proof of continuing status:
- If you want a cap gap for April-June fill out the 1st Cap Gap Request Form
- If you want a cap gap for June-September 30 fill out the 2nd Cap Gap Request Form
- When we confirm that you are eligible for a cap-gap I-20, we will send you a copy of your updated I-20 to show you are eligible to remain and/or work in the US with an expired EAD card.
You Need to Know
If your H-1B change-of-status petition has been filed by your employer but not receipted and your OPT expires before June 1, you are eligible for a preliminary cap-gap extension until June 1. And will need to fill out the first cap gap google form.
If United States Citizenship and Immigration Services (USCIS) denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student has the standard 60-day grace period—from the date of the notification of the denial, rejection, or revocation of the petition—before being required to leave the United States.
The 60-day grace period for denied cases does not apply to F-1 students who violated status. If your petition is denied because of this, or because of fraud or misrepresentation, you must immediately leave the country.
IPS does not process H-1B applications. Students should consult with their employer's attorney or human resources professional for more details about the H-1B process.