F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.
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.
No, the cap-gap extension is only until September 30. If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.
The ISSO recommends that you consult your employer's immigration specialist before traveling internationally during the cap-gap extension period.
A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.
Yes. The 90-day, or 150-day for STEM OPT, limitation on unemployment during the post-completion OPT authorization continues during the cap-gap extension.
If the ISSO checks your SEVIS record and finds that cap-gap has not automatically been applied, then we will have to request a data fix from the SEVIS Help Desk. In these cases, we will have to submit a copy of your EAD card, your H-1B Receipt Notice or your H-1B Approval Notice.
U.S. Citizenship and Immigration Services (USCIS) provides thorough cap-gap information.
Kutz Hall, Room 215