Cap Gap Extension

• Overview

  Overview

  The Cap Gap is the period after F-1 students’ Optional Practical Training has expired, but before their H-1B work authorization begins on October 1st.

  The Cap Gap Extension automatically extends F-1 students’ immigration status and work authorization in order to bridge the gap between the end of their F-1 status and the start of their H-1B status ensuring the students’ employment and stay in the U.S. are not interrupted.

  
  

  Eligibility

  You are eligible for the Cap Gap Extension if your OPT will end before the start of your H-1B, you have maintained F-1 status, and you are the beneficiary of an H-1B petition that:

  • has been properly and timely filed AND
  • requests an employment start date of October 1st AND
  • requests a change of status to H-1B

  Note: If your H-1B petition requests consular processing rather than a change of status, you are not eligible for the Cap Gap Extension.

   

• When to Apply

  When to Apply

  You should apply for a Cap Gap Extension as soon as you have proof that your H1-B petition is pending or was approved. In order to continue working on OPT, your H-1B petition must be filed before your Post-Completion OPT ends.

  Please keep in mind that we cannot extend your I-20 for the cap gap period unless we have proof that your H-1B petition was properly filed, is pending, waitlisted or has been approved.

  If you do not have an I-797 receipt notice and your OPT will expire before June 1st, we can extend your I-20 based on proof that your H-1B petition was timely filed. Such proof should include:

  1. A statement from your employer indicating that you are the beneficiary listed on a properly filed H-1B petition, AND
  2. Proof of delivery of your H-1B petition to a USCIS Service Center (e.g. Express Courier Delivery Receipt)
• How to Apply

  How to Apply

  F-1 Students wishing to request an H-1B Cap Gap Extension should submit the H-1B: Cap Gap Extension Request accessVIS. 

  Step 1: Log on to accessVIS using Limited Services

  
  

  1. To login to accessVIS click here
  2. Click the "Limited Services" link on the accessVIS homepage
  3. Enter your Stony Brook ID#, date of birth and Limited Services PIN (this will be emailed to you)

  Step 2: Complete the Cap Gap Extension request in accessVIS

  Complete and submit H-1B: Cap Gap Extension Request

  NOTE: If any of your employment details have changed since you last reported to VIS, you must update them again by submitting the respecting Post/STEM Reporting eform. 

  Step 3: Upload copies of your documents

  You must upload a copy of your H-1B receipt or approval notice and a copy of your valid EAD card before you can submit your application. Only documents saved as a PDF or JPEG are acceptable.

  Step 4: Collect your new I-20

  If your petition for H-1B was timely filed (before the expiration of your post-completion OPT), a new I-20 indicating your Cap Gap Extension will be issued, and your work authorization will be extended through September 30th.

  If your petition for H-1B was filed during your 60 day grace period (after the expiration of your post-completion OPT), a new I-20 indicating your Cap Gap Extension will be issued, but only your ability to remain in the U.S. will be extended through September 30th. You cannot work until your H-1B is valid on October 1st.

   

• FAQs

  Frequently Asked Questions

  How long does the Cap Gap Extension application process take?

  In most cases, your new I-20 will be issued within 5-7 business days upon receipt of proper documentation. Occasionally, it is necessary for us to make a request to SEVIS for your information to be manually added to your SEVIS record. If this is necessary, your I-20 may take 3-4 weeks.

  You will be notified via e-mail when your new I-20 is ready. It can be mailed to you at your expense or you can pick it up from VIS in person.

  Can I work while my Cap Gap Extension is in process?

  If your petition for H-1B was timely filed (before the expiration of your Post-Completion OPT or 24-month STEM Extension), your work authorization will be extended through September 30th.

  If your petition for H-1B was filed during your 60 day grace period following the expiration of your OPT (Post-Completion OPT or 24-month STEM Extension), only your ability to remain in the U.S. will be extended through September 30th. You cannot work until your H-1B becomes valid on October 1st.

  Note: Your work authorization automatically ends if the USCIS rejects, denies or revokes your H1B petition.

  How long will my OPT be extended?

  The length of your Cap Gap Extension is determined by the status of your H-1B petition and the expiration date of your EAD card.

  If Your H-1B Petition is Approved: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization and F-1 status will both be extended until September 30th.

  If Your H-1B Petition is Pending: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS) and you have an H-1B Receipt Notice, your OPT work authorization will automatically be extended until September 30th.

  If Your H-1B Petition was Filed, But Not Receipted: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization can be extended until June 1st and your F-1 status until August 1st. If this is your situation, submit proof to VIS that your application was delivered to the USCIS.

  If Your H-1B Petition is Waitlisted: As long as your OPT was valid when the H1-B petition was filed (ie. received by USCIS), your OPT work authorization will automatically be extended until July 28th.

  What happens if my H-1B petition is withdrawn, denied, or rejected?

  If your H-1B petition is withdrawn, denied or rejected, your OPT work authorization will end 10 days after the notification date and you will have a 60-day grace period from that date to depart the U.S.

  Note: If the H-1B was denied due to discovery of an immigration status violation or revoked because of fraud or misrepresentation, there is no grace period.

  Can I travel outside the U.S. during the Cap Gap Extension?

  If your EAD card is still valid, you may travel outside and re-enter the U.S. However, please consult with your immigration attorney regarding any travel plans while your H-1B petition is pending and after it has been approved.