The interim F-1 OPT rule published on April 8, 2008 provides an automatic, temporary extension of duration of status and employment authorization for eligible F-1 students. These provisions apply to F-1 students who are the beneficiaries of an H­1B petition who, due to the cap on the number of H-1B petitions accepted in a given year, cannot start employment until the beginning of the next fiscal (October 1st).

The CAP GAP extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and the start of H-1B status with employment start date of October 1 of the following fiscal year. If the student is in a period of authorized post-completion OPT on or after the date the student becomes eligible for the extension, the student’s post-completion OPT is also automatically extended.

Should you receive a change of status from F-1 to H1B, the new final OPT rule allows you to extend your F-1 status to cover the gap between the end of your OPT authorization and the effective date of your H1B.

Eligibility Requirements:
Must be the beneficiary of an H-1B petition that:

• has been timely filed;
• requests an employment start date of October 1 of the following fiscal year;
• requests a change of status.

Student must be student in F-1 status.

Procedures to request proof of GAP extension:
Submit your application for a CAP GAP extension within 3 months from the end date of your OPT period.

Bring to the front desk or mail to the International Programs Center the following documents:

• Copy of the USCIS receipt/approval notice (Form I-797) of your H1B status or a copy of the USCIS “wait list” letter to the employer

• Copy of your Employment Authorization Document (EAD card)

• Copies of your student (F-1) visa, I-94 card and passport

Request a new I-20 form showing the period of extension

For further information, please make an appointment to speak with the International Student Advisor at the International Programs Center.

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