OPT Cap Gap Extension
What is the H-1B Cap?
The H-1B cap is the limit on the number of H-1Bs allowed each fiscal year.* Currently, the cap is 65,000. The fiscal year begins on October 1 when a new batch of the 65,000 H-1s becomes available. Employers are allowed to file an H-1B petition up to 6 months before the new fiscal year (April 1) so as to join the queue of new applications waiting for the October 1 date. See the USCIS web site for the most current count of H-1B petitions filed.
*The cap does not apply to all H-1B visas. Certain non-profit research positions are unlimited. The cap does not affect H-1B petitions at UMCP.
Cap-Gap Extensions
A cap-gap extension is a relatively new regulatory provision which automatically extends an eligible F-1 student's status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain and possibly work in the US during the gap. The cap-gap extension is now available to students who, as of April 1, were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1 H-1B petition with the USCIS.
This cap-gap extension will produce one of two outcomes, depending on your individual situation:
- Extension of your OPT work authorization to September 30. This happens if your approved OPT end date (on your EAD card) is April 1 or later.
- Extension of your F-1 duration of status. This happens if your OPT had expired before April 1. You would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1B petition is approved and goes into effect October 1.
Who is eligible for the extension?
Students in all fields of study are eligible for the cap-gap extension as long as the student has not violated the terms or conditions of his or her F-1 status. To qualify for the extension, the student must be the beneficiary of an H-1B petition that:
- Has been filed in a timely manner (within the acceptance period)
- Requests an employment start date of October 1
- Requests a change of status
How do I apply for the Cap-Gap Extension?
Send an email to iesadv@deans.umd.edu with Cap-Gap Extension in the subject line. Include the following in the email:
- Name
- UID
- Attach copies of your:
- EAD card
- H-1B Receipt/Approval Notice
- Indicate whether you would like to pick up your document or have it mailed to you. If mailed, include your address.
What happens if my H-1B is denied after applying for the cap-gap extension?
If the student's H-1B is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to depart the US. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the US immediately.
Can I travel during a cap-gap extension period and still return with my OPT I-20 and EAD?
If your EAD is expired, you will not be granted entry to the US based on the cap-gap extension. If you must travel during the extension period, be prepared to apply for H-1B visa outside the US and adjust your return travel plans accordingly. Note: Under H-1B regulations, you may only enter the US up to ten days prior to October 1.
What if my OPT expires before April 1st? Will the cap-gap extension extend my OPT?
Although your F-1 status would be extended, your OPT employment period is technically expired, and the cap-gap does not serve to reinstate or retroactively grant employment authorization. You would be required to stop working until October 1. Also, keep in mind that the 90-day unemployment rule remains in full effect during your automatically extended work authorization (if you qualify for extension of work authorization.)
What do I do if my OPT expires and my Cap-Gap Extension request is still pending with SEVIS Help Desk?
Your post-completion OPT is automatically extended, whether you apply for the cap-gap extension or not. Therefore, you are allowed to continue working with your employer while the Cap-Gap Extension request is pending.