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What is Cap-Gap Extension?

LiveRec EditorialUpdated

The cap-gap extension is a USCIS rule that extends F-1 status and OPT work authorization for a student whose employer has filed a timely H-1B petition requesting a change of status, so the student can keep working while the H-1B is pending. It bridges the gap before the H-1B start date. USCIS sets the end date.

Example

An F-1 student on OPT is selected in the H-1B lottery and the employer files a change of status. The student's work authorization continues under cap-gap while the petition is pending, within USCIS limits.

See OPT, STEM OPT and F-1 to H-1B for Indian students.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.