What is the H-1B cap-gap extension for F-1 students?

The H-1B 'cap-gap' refers to the period between the expiration of an F-1 student's status (including their Optional Practical Training or OPT) and the start date of their H-1B employment, which usually begins on October 1st. If a student is the beneficiary of a timely filed H-1B petition requesting a change of status to begin on October 1st, they may be eligible for an automatic extension of their F-1 status and work authorization.

There are two types of cap-gap relief:

• Duration of Status Extension: If the H-1B petition is filed before the student's OPT expires, the student's F-1 status is extended until October 1st.
• Employment Authorization Extension: If the student is currently in an authorized period of OPT, their work authorization is automatically extended until October 1st.

Students do not need to apply for this extension; it is automatic upon the filing of the H-1B petition. However, they should obtain an updated Form I-20 from their Designated School Official (DSO) to show evidence of this extension to employers. If the H-1B petition is rejected, denied, or withdrawn, the cap-gap extension ends, and the student typically has a 60-day grace period to depart the U.S.