H-1B and Cap Gap Extensions

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H1B-and-Cap-Gap-Extension2021 H-1B Cap Season Info from USCIS

• https://www.uscis.gov/news/alerts/fy-2022-h-1b-cap-season-updates
• https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season
• https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

If you have or plan to apply for another immigration status, please notify ISS as soon as possible and submit the following if you have it: 

• A copy of the official receipt notice or approval notice for your new status (including approval notices for consular processing).
• A copy of your new visa and I-94 indicating you obtained the new status through travel.
• A copy of any cards (front and back) if you have received them (i.e., Permanent Resident Card).
• ISS will "complete" your F-1 SEVIS record if it has not been auto-completed already.

H-1B and the Cap-Gap Extension:

Some international students obtain H-1B sponsorship during or after their OPT period, which allows them to continue to live and work in the U.S. under another type of work authorization. H-1B is a temporary work visa that allows nonimmigrants to continue living and working in the U.S. under government guidelines. You must maintain your F-1 status until your H-1B status is active. Even if your H-1B has been approved, your H-1B status may not be active yet.

• USCIS has more information about the H-1B nonimmigrant category here.
• ISS advisors are NOT immigration attorneys, therefore we cannot and will not answer questions about the H-1B process. These questions should be directed towards your employer OR an experienced and qualified immigration attorney. Here we have resources for Finding an Immigration Attorney.
• If you have already filed for H-1B with USCIS, you may be eligible for a cap-gap extension. A cap-gap is a period that extends the duration of your F-1 status and/or work authorization until October 1st, the start of your H-1B status.  How to apply?
• More information about H-1B and the Cap-Gap Extension can be found here:
  • H-1B Status and the Cap-Gap Extension
  • F-1 Cap Gap Extension
  • Extenstion of Post Completion OPT and F-1 Status for Eligible Students
  • F-1 "Cap-gap" Status and Work Authorization Extenstion

If you have filed the H-1B petition BEFORE you apply for 24-Month STEM OPT Extension:

• Make sure you submit a complete 24-Month STEM OPT Extension request to ISS.
• Your STEM OPT recommendation I-20 will include the cap-gap on the second page.
• You will also receive a letter from ISS, in addition to your I-20, to be submitted to USCIS along with the rest of your application
  • It is not possible for ISS to input the correct STEM OPT dates due to the cap-gap. This lettter will explain what the proper dates are.

If you have filed the H-1B Petition and you want to apply for a Cap-Gap I-20:

• Submit a copy of your H-1B receipt notice to ISS.
  • ​If you are currently on Post-Completion OPT:
    • ​Make sure you are up-to-date with your OPT Employment Reporting.
  • ​If you are currently on 24-Month STEM Extension:
    • ​​​Make sure you are up-to-date with your STEM OPT Employment Reporting.

If your H-1B has been approved:

• Submit a copy of your H-1B approval notice to ISS.
  • ​If you are currently on Post-Completion OPT:
    • ​Make sure you are up-to-date with your OPT Employment Reporting.
  • ​If you are currently on 24-Month STEM Extension:
    • ​​​Complete your End of Empoyment reporting requirements:
      • ​STEM Extension Employment Reporting Form (section 5)
      • I-983 FInal Evaluation (page 5)
      • End of Eomployment form (if applicable)
  • ​​We will complete your F-1 SEVIS record and update your school record accordingly. Additional documents may be required.