Cap-Gap Extension: F-1 and OPT Rules While H-1B Is Pending
Cap-gap automatically extends your F-1 status, and usually your OPT work permission, to April 1 while a qualifying H-1B petition is pending or approved. It exists because H-1B jobs cannot start before October 1. Many students' OPT ends before then.
Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.
What changed in 2025
Cap-gap used to end on October 1. A DHS rule implemented on January 17, 2025 moved the end date to April 1 of the relevant fiscal year.
Study in the States says this applies starting with the FY 2026 H-1B registration period. The goal is to avoid gaps caused by USCIS processing delays.
Who qualifies
- You are in a valid period of F-1 status and have not violated it.
- Your employer filed a timely cap-subject H-1B petition for you.
- The petition requests a change of status to H-1B, not consular processing.
- The requested start date falls between October 1 and April 1 of the following year.
- For work permission, you are in valid post-completion OPT or STEM OPT when the petition is filed.
| Employer | H-1B filings | Transfers | Median pay |
|---|---|---|---|
| Amazon.Com Services LLC | 14,047 | 2,382 | $155k |
| Cognizant Technology Solutions US CorpGC frozen | 10,209 | 872 | $110k |
| Ernst & Young U.S. LLP | 9,808 | 269 | $143k |
| Google LLC | 7,899 | 844 | $186k |
| Microsoft CorporationGC frozen | 7,840 | 879 | $173k |
| Tata Consultancy Services LimitedGC frozen | 7,287 | 353 | $86k |
Who does not qualify
Petitions from cap-exempt employers do not trigger cap-gap. These include universities, nonprofit research organizations and government research organizations.
Petitions that ask for consular processing also do not qualify. If your registration is not selected, you are not eligible for cap-gap that fiscal year.
Key dates in a cap-gap year
- Early March: employers register candidates online.
- By March 31: USCIS notifies selected employers.
- From April 1: selected employers can file. They have a 90-day window.
- October 1: the new fiscal year starts and H-1B status can begin.
- April 1 of the following year: cap-gap ends.
Status versus work permission
Cap-gap can extend your stay and your work permission separately.
If the petition is filed while your OPT is still valid, both your status and work permission are extended.
If it is filed after OPT ends but during your 60-day grace period, you can stay but cannot work. Tufts University describes it this way: an extension of stay, but not of employment authorization.
If the petition is denied or withdrawn
If the petition is denied, rejected, revoked or withdrawn, cap-gap ends immediately. You can no longer work on F-1.
SEVIS returns your end date to the original date. You get a 60-day grace period to leave or change status. It runs from the termination or your program or OPT end date, whichever is later.
Laid off during cap-gap
If you lose your job while cap-gap is active, the H-1B employer will usually withdraw its petition. That ends cap-gap, even if the H-1B was already approved.
If your OPT card has not expired, the University of Utah says you can go back to your unused OPT and keep working on it until the card expires. Your DSO may need a SEVIS data fix.
The withdrawal should reach USCIS before the change of status takes effect. If it does not, Utah says you would need to stop working and file Form I-539 to request F-1 reinstatement.
Unemployment limits still apply: 90 days on post-completion OPT, or 150 in total with STEM OPT. If your H-1B has already started, H-1B rules apply instead. See the 60-day grace period guide.
Not selected and STEM OPT is ending
Cap-gap helps only when a petition is filed for you. If you were not selected, your OPT or STEM OPT ends on its normal date. Then you have a 60-day grace period without work.
Other routes include cap-exempt employers, which can file at any time, O-1, and country-based visas such as TN, E-3 and H-1B1. Our OPT to H-1B guide lists them.
Getting proof of cap-gap
SEVIS usually updates your record automatically once USCIS records the filing. Your DSO can then issue an updated I-20.
If the record does not update, your DSO can request a data fix from SEVP. Study in the States says to wait two weeks after USCIS confirms receipt. Have your I-797 receipt notice ready.
Your checklist during cap-gap
- Ask your employer for a copy of the USCIS receipt notice (Form I-797) once the petition is filed.
- Send it to your DSO so they can confirm your SEVIS record shows cap-gap.
- Keep your EAD card and updated I-20 together with the receipt notice.
- If the filing may land after both your OPT and grace period end, Study in the States advises getting legal advice.
- Cap-gap also covers F-2 dependents who stay with you.
Cap-gap and STEM OPT
Cap-gap and the STEM OPT 180-day extension are separate. If you qualify for STEM OPT, Tufts advises applying before your post-completion OPT ends, even if cap-gap has already extended it.
Travel during cap-gap
The official cap-gap pages do not address travel directly. USCIS does list departure before a decision as a reason a change of status can be denied. Talk to your DSO and an attorney before leaving the U.S.
Under USCIS guidance on the $100,000 fee, an ineligible change of status could also trigger the payment. As of October 2026, a court order blocks collection. See /h1b/h1b-100k-fee for the latest.
To find employers that file cap-subject petitions, start with our H-1B sponsors list at /h1b-sponsors.
This article is general information, not legal advice. Confirm your situation with your DSO or an immigration attorney.
Questions
When does cap-gap end now?
On April 1 of the relevant fiscal year. Before the 2025 rule, it ended on October 1.
Does cap-gap apply if I was not selected in the lottery?
No. Study in the States says a student who is not selected is not eligible for cap-gap that fiscal year.
Can I work during cap-gap if my OPT already expired?
Only if the petition was filed while your OPT was valid. If it was filed during the grace period, you can stay but not work.
What happens if my H-1B petition is withdrawn?
Cap-gap ends immediately. You must stop working, and you get a 60-day grace period.
I was laid off during cap-gap with an approved H-1B. What is my status?
If the employer withdraws the petition before the change of status takes effect, cap-gap ends and you can return to any unused OPT. If the withdrawal comes too late, you may need to request F-1 reinstatement, so talk to your DSO and an attorney right away.
Do unemployment days count during cap-gap?
Yes. University guidance says the 90-day limit, or 150 days with STEM OPT, keeps running.
Sources
- Study in the States: F-1 Cap Gap Extension (SEVIS Help Hub)
- Study in the States: Recent H-1B Rule Extends F-1 Cap-Gap Extension
- Tufts International Center: Cap-Gap Extension
- USCIS: H-1B Specialty Occupations
- USCIS: H-1B FAQ (court order alert)
- University of Utah ISSS: H-1B and Cap-Gap Extension
- USCIS: Extension of Post-Completion OPT and F-1 Status under the H-1B Cap-Gap Regulations
