The Cap-Gap Extension is a provision that allows certain F-1 students with pending or approved H-1B petitions to extend their stay in the United States and continue their employment authorization until the start of their H-1B status, which typically begins on October 1st of the fiscal year for which the H-1B petition was approved.

The term “cap-gap” refers to the period between the expiration of an F-1 student’s Optional Practical Training (OPT) employment authorization and the start of their approved H-1B status. This gap often occurs when an F-1 student’s OPT expires before their H-1B status begins on October 1st, due to the annual cap on H-1B visas and the timing of the H-1B application process.

Under the Cap-Gap Extension, eligible F-1 students with pending or approved H-1B petitions are granted an automatic extension of their F-1 status and work authorization until September 30th. This extension allows them to remain in the United States and continue working for their OPT employer or STEM OPT employer while their H-1B petition is pending or until their H-1B status becomes effective on October 1st.

To qualify for the Cap-Gap Extension, the F-1 student must have an H-1B petition filed on their behalf while they are still in a valid period of OPT or STEM OPT, and the petition must request a change of status to H-1B. The student’s OPT employment authorization is automatically extended until September 30th under the Cap-Gap Extension once USCIS receives the H-1B petition.