Cap Gap Extension of OPT

The “Cap Gap” extension can cover any gap between your OPT ending and the start of H-1B temporary work status.  This is an extension of your permission to stay in the U.S. as an F-1 student and also possibly an extension of your OPT work authorization if your employer has filed a petition for you to change status to H-1B.  Please refer to Title 8 of the Code of Federal Regulations, part 214.2(f)(vi) for information on the H-1B “Cap Gap Extension”. 

Eligibility:

  1. The F-1 student must be in lawful immigration status at the time the H-1B petition is filed by your employer.  This means you must still be in your OPT period or your 60 day grace period,  must not have exceeded the maximum 90 days of OPT unemployment (120 days for students on STEM extensions), must have a valid passport, and must have complied with the OPT reporting requirements to SNHU.
  2. The employment start date under H-1B is October 1 of the following fiscal year.
  3. Extension of employment is granted only to students currently on authorized post-completion OPT at the time of filing for the H-1B.
  4. Students whose post-completion OPT expired less than 60 days prior to the H-1B filing date are eligible for cap-gap extension of duration of status but not authorized for employment authorization during the extension.  This means that while you can stay in the U.S., you cannot continue to work until the H-1B becomes valid, typically on October 1.

Application Procedures:

An F-1 student must show the following to the International Student Advisor:

  1. Completed Cap Gap form 
  2. Statement from the employer that student is the beneficiary of a timely filed H-1B application and an application for change of status from F-1 to H-1B
  3. Proof of delivery to the USCIS Service Center
  4. Proof that the application is approved, pending or waitlisted
    1. A copy of the Form I-797 approval notice
    2. A copy of the receipt Form I-797
    3. A copy of the waitlisted letter
    4. Copy of your current Employment Authorization Document (EAD)

What will I receive?
You will receive a new I-20 form from SNHU showing your F-1 status is extended and, if applicable, your OPT employment period is extended.  The OPT end date will be updated to a new date to be determined by the Department of Homeland Security (DHS) every year.  You do not receive a new EAD to cover your additional OPT time; your updated I-20 is the proof of your continued employment authorization.

If your H-1B application is waitlisted by the U.S. immigration service, provide this updated proof to your International Student Advisor. 
If the H-1B is denied, rejected, or revoked, you have a 60-day grace period from notification of denial in order to leave the U.S., apply for an extension of your F-1 status, or apply to change to another status.  The 60-day grace period is not valid if the denial is due to F-1 status violations.

Reporting requirements:
Students must continue to report to SNHU’s International Student Advisor any changes in name, U.S. address, company name, work address, and periods of unemployment.