The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U.S. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1.

SEVP OPT Cap-Gap Policy Guidance, April 23, 2010

Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students Under H-1B Cap-Gap Regulations, Updated May 2016

You are eligible for the cap gap extension if both:

• Your employer files an H-1B petition on your behalf, on or after April 1, and requests a change of status to H-1B to begin October 1.
• You are still within your OPT authorization period, or 60-day grace period, when USCIS receives the H-1B petition submitted by your employer (on or after April 1).

If your OPT authorization is still valid when your employer submits your H-1B petition to U.S. Citizenship and Immigration Services (USCIS), your OPT authorization is extended. You can continue working in F-1 status through the extension date.

If your OPT authorization is expired but you are in your 60-day grace period when your employer submits your H-1B petition to USCIS, your F-1 status is extended. You cannot work but you can remain in the U.S. through the extension date.

The length of your cap-gap extension depends on your H-1B petition phase:

• Filed: If your H-1B petition is properly filed (but not yet receipted or approved), your OPT authorization is extended to June 1. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to June 1.
• Selected for receipting: If your H-1B petition is selected for receipting, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.
• Approved: If your H-1B petition is approved, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30. 

The cap-gap extension of F-1 status is automatic, and begins when USCIS receives the H-1B petition your employer submitted on your behalf. However, students can request a "Cap-Gap I-20" from their DSO that shows proof of the automatic extension on the 2nd page of their form I-20.

To request a Cap-Gap I-20, send an e-mail to OISSS@tamuk.edu with the following information:

1. Subject line: Request for Cap-Gap I-20
2. Attach completed Form OISSS-165, Request for Reprinted I-20.
3. Attach sufficient proof of your H-1B petition.

If your H-1B petition is:

• Filed: Attach a copy of the petition and FedEx, UPS, or USPS Express/certified mail receipt to your OISSS adviser. (NOTE: If your regular OPT authorization is valid through June 1, do not request a new I-20 based on H-1B filing only.)
• Selected for receipting: Attach a copy of the I-797 Notice of Action (receipt notice.)
• Approved: Attach a copy of your I-797, Approval Notice.

OISSS will print a new I-20 for you that indicates the extension of your F-1 status and (if eligible) extension of your OPT employment authorization. Please allow 5 to 7 working days for OISSS processing. The extension benefit is automatic, so you can continue working (if eligible) and remain in the U.S. while waiting for the new I-20.