F-1 students who seek to change to H-1B status starting October 1 may be eligible for a cap-gap extension of status and employment authorization through September 30 depending on the H-1B filing status at the time the employer filed for H-1B. Cap-Gap is not available for F-1 students whose H-1B application is Consular Processing or Cap Exempt.
Eligibility
- An employer filed a timely Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Service (USCIS) requesting a change of status to H-1B status.
Note: A petition asking for consular notification is not eligible for a cap gap extension. Please consult with your employer or immigration attorney if your petition was filed for consular notification.
- The H-1B petition asks for an October 1 start date.
- Your F-1 student status, including any applicable grace period, ends between April 1 and September 30.
When to apply
Cap Gap is the period between the time your F-1 student status would ordinarily end, and October 1 when your H-1B status should begin. If your employer has timely filed an H-1B petition for you as the beneficiary, your F-1 status will automatically be extended. You may continue working until September 30 only if your petition is filed prior to the expiration of your Post-OPT/STEM OPT extension. If your petition was filed during your grace period, you may remain in the U.S. however you will not be eligible to continue working.
Cap Gap is not available for F-1 students whose H-1B application is Consular Processing or Cap Exempt.
There are two types of cap-gap extensions:
Extensions of F-1 status only (eligibility after OPT ends).
If an employer files an H-1B petition with an October 1 start date while you are in your 60 day grace period, you will receive a cap-gap extension of your F-1 status, but will not be authorized to work until USCIS approves the H-1B petition and the H-1B status begins on October 1.
Extensions of F-1 status and OPT.
If you are in F-1 status when an employer files an H-1B petition with an October 1 start date and are currently participating in Post-OPT, you will receive an automatic cap-gap extension of both your F-1 student status and your authorized period of Post-OPT. If the H-1B petition is selected and remains pending or is approved, you will remain authorized to work as an F-1 student with OPT through September 30.
Extension Periods
A student who is the beneficiary of a receipted or approved H-1B petition will have their I-20 extended to September 30. If your OPT expires after September 30, there is no need to request a cap gap I-20.
How to apply
How to Request a Cap-Gap I-20
- Ensure that you have uploaded a copy of your EAD card through the ISSC eForm Portal or link under My ASU Priority Tasks.
- Report or update your employment (if you have not done so) through the SEVP Portal (Post-OPT) or the ISSC eForm Portal (STEM).
- Ensure your current local address is listed in your My ASU.
- Complete and submit the Replacement for I-20 eForm through the ISSC eForm Portal. Please have one of the following documents ready to upload:
- Receipt Notice (1-797C)
or - Approval Notice (I-797A)
- Receipt Notice (1-797C)
ISSC will e-mail you when your Cap-Gap I-20 is ready. Our general processing time can take up to 7 business days. If you plan to travel during the cap-gap period, please consult with your employer/immigration lawyer as traveling or leaving the US might affect your H-1B application
Maintaining status
Maintaining status during Cap Gap extension
During yourCap Gap period, you are still required to maintain yourPost-OPTorSTEM OPT extensionstatus until your H-1B takes effect on Oct. 1. You may not work after Sept. 30 if your H-1B petition has not yet been approved. You may resume work once you receive your approval notice.
Reporting requirements
It's your responsibility to report on time. Although you are set up to receive reminder emails, they may not work as designed. Please make sure you set reminders to report regularly.
Submitting your H-1B approval notice through theDemographic Update eForm will allowthe ISSC to update your SEVIS record.
10 days:Remember: Students must report to a DSO any changes in the student’s legal name, address, employer or employment status within 10 days of the change.
Please see the Optional Practical Training Priority Task link on My ASU to learn how to report these changes.
Employment restrictions
It is imperative to keep in touch with your employer's legal team regarding any changes that may affect your H-1B petition or approval.
Potential impact on status
In some instances, if your H-1B status is revoked or withdrawn, the ISSC can request to reactivate your F-1. However, if you have not continually maintained your status, F-1 reactivation will not be possible. For those students with a STEM OPT extension, please make sure you set reminders to submit your reporting every six months through theMyISSC eForm Portal.
FAQs
Pending H-1B
If your H-1B is still pending on October 1, please consult your employer/immigration lawyer about how to handle your employment situation.
Rejected, Denied, Withdrawn, or Revoked H-1B
Your cap-gap extension and/or OPT/STEM work authorization automatically terminates upon the rejection, denial, withdrawal, or revocation of the H-1B petition. You will be entitled to a 60-day grace period from the date of the notification.
Checking the status of an H1-B petition
There are several ways to check the status of your H-1B petition. Before following any of the methods below you will need to obtain your petition receipt number from the attorney who filed your H-1B petition.
- Contact USCIS at 1-800-375-5283
- Visit the USCIS website and click “Check Case Status”
- Log into your SEVP Portal Account. Check the end date of your OPT. If it has been changed to September 30, you most likely have been selected. Please contact the petitioning attorney for further information.
STEM eligible students are strongly encouraged to apply for the STEM OPT extension before the end date of their Post-OPT. Having an approved STEM extension will continue your employment eligibility in the event your petition is not selected for processing or your petition is denied.
A common error is SEVIS completing records for students whose H-1B was approved for consular processing. In order for ISSC to request your F1 status be reactivated, you must have adhered to all reporting requirements. It's your responsibility to report on time. Although you are set up to receive reminder emails, they may not work as designed. Please make sure you are setting reminders to report regularly.
Resources
Workshops
Attending the F-1 Student Webinar Series workshops on employment authorizations will assist you in understanding the eligibility requirements and application process of obtaining employment authorizations while on an F-1 student visa.
If you are unable to attend at the scheduled time, don’t worry. These workshops will be posted to the ISSC YouTube channel.
Job search | Volunteering | Internships
- Career and Professional Development Services
- Handshake
- Interstride
- Employment Opportunities
Your college may also have a career and professional development service.
Optional Practical Training
(Pre-OPT | Post-OPT | STEM OPT Extension)
Case Management Payment
Applies to Post-OPT and STEM OPT Extension only
The OPT Case Management Payment covers the cost of SEVIS reporting compliance and record management for students participating in Optional Practical Training. ISSC will continue to maintain your SEVIS record and provide immigration and advising support. Support includes biographical changes, address updates, dependent document requests, employer and employment information and updates, travel signatures and I-20 form
Refunds will be considered under the following conditions:
- Case Management Payment was paid in error
- ISSC determines that student is ineligible
- Application is cancelled by the student prior to the issuance I-20
To request a refund please email issc.employment@asu.edu.
Application Tutorials
Self-Guided Pre-OPT Packet Review
Self-Guided Post-OPT Packet Review
Self-Guided STEM Extension Packet Review
Government Resources
MyUSICS: Students can now submit their applications online through myUSCIS eliminating the possibility of lost or delayed mail and allowing immediate access to all USCIS notices. Visit our main employment web page for the latest USCIS updates.
Form I-765 (Pre-OPT | Post-OPT | STEM OPT Extension)
Form I-983 (STEM OPT Extension only)
