If you are an international student on F-1 status and recently graduated, you may be applying for Optional Practical Training (OPT), a 24-month STEM extension, or an H-1B visa. However, you may not know what to do if your OPT authorization (F-1 work permit) expires before your H-1B employment period begins on October 1. The OPT Cap-Gap rule allows eligible F-1 holders to maintain their status if they have a pending or approved and selected H-1B petition. In this article, we’ll explore the cap-gap regulation and its requirements.
Who Can Take Advantage of the OPT Cap-Gap Rule?
Students with expiring OPT work permits can take advantage of the cap-gap rule and keep working if and only if they have a “timely-filed” H-1B petition under the cap.
Under the OPT Cap-Gap rule, students with a pending or approved H-1B petition can stay and work in the United States even if their original visa is out of status. This rule essentially fills in a gap that might happen if a student has OPT expiring and doesn’t have H-1B status starting until October 1.
Petitions Must be “Timely Filed” to Count
H-1B petitions must be filed during the standard H-1B cap period and while the F-1 student’s duration of status admission was in effect. This could be during the student’s authorized course of the study period, approved post-completion OPT, or the 60-day grace period.
Frequently Asked Questions
Can I work during the H-1B cap-gap period?
Yes, you can work during the H-1B cap-gap period if your employer filed a timely change of status H-1B petition while your OPT/STEM OPT was still valid.
This automatically extends your EAD, allowing you to continue working until at least Oct. 1 (or April 1 of the following year if the petition is still pending).
When does the cap-extension period begin?
The cap-gap extension period starts once the H-1B filing is made and goes through until the H-1B petition is fully adjudicated. If the H-1B petition is selected and approved in the H-1B lottery, the F-1 OPT is extended to September 30 (right before H-1B status kicks in). Should the petition be revoked, withdrawn, or denied, this extension will not be granted.