Cap-Gap Extension 

Please complete the below form to request an I-20 for the Cap-Gap extension. This extension is a regulatory provision which extends an eligible F-1 student's OPT or STEM OPT employment authorization based on an appropriately filed “change of status” H-1B petition with an October 1 start date.

HIO Cap Gap I-20 Request Form

What is an H-1B Cap-Gap Extension?

A Cap-Gap extension is a regulatory provision which extends an eligible F-1 student's OPT or STEM OPT employment authorization based on an appropriately filed “change of status” H-1B petition with an October 1 start date.

Am I eligible for a Cap-Gap Extension?

You are eligible for a Cap-Gap extension if your employer submits a timely filed a change of status to H-1B petition to USCIS on your behalf. You may be eligible for one of two Cap-Gap extensions:

1.  If your employer filed your H-1B petition and it is receipted by USCIS prior to your post-completion OPT or STEM OPT expiration date, you are eligible for an extension of your OPT or STEM OPT employment authorization through September 30.
2.  If your employer filed your H-1B petition and it is receipted by USCIS after your post-completion OPT or STEM OPT expires but during your 60 day grace period following OPT or STEM OPT, your F-1 status and permission to remain in the U.S. are extended until September 30, but the OPT or STEM OPT employment authorization is not. In other words, you will not have work permission.

How do I apply for an H-1B Cap-Gap Extension I-20?

To request the Cap-Gap I-20, please complete HIO H-1B Cap-Gap I-20 Request Form and send to your HIO advisor along with supporting documentation by email with “Cap-Gap Extension” in the subject line.

How long will the H-1B Cap-Gap Extension I-20 request take?

The HIO will issue the Cap-Gap I-20 within 10 business days of the receipt of your request, provided you include all required information.

Can I travel during an H-1B Cap-Gap Extension?

Generally speaking, you may travel abroad and seek readmission to the U.S. in F-1 status during a Cap-Gap period if:

1.  your H-1B petition and request for change of status has been approved;
2.  you seek readmission before your H-1B employment begins (normally at the beginning of the fiscal year, i.e., October 1); and
3.  you are otherwise admissible.

Please note, traveling outside the U.S. may interfere with the processing of your H-1B petition. HIO strongly advises that you consult with your employer and their legal counsel processing the H-1B regarding all travel plans before departing the U.S. Click here to access the latest travel information from the USCIS.

Can I switch employers while I am on Cap-Gap Extension?

Generally speaking, you cannot switch employers during you Cap-Gap extension. Please consult with the legal counsel of your employer.

Please consult your HIO Advisor for questions related to Cap-Gap related issues.