A new H1-B rule became effective on January 17, 2025: Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers(link is external). The main impact of this new rule on students in F-1 status is related to the H-1B Cap Gap dates. The rule states “the student’s cap-gap extension of status will continue until April 1 of the fiscal year for which such H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.” ISS is not yet aware of how this new updated information will appear in SEVIS or on a Cap Gap I-20.
If your employer has timely filed an H-1B petition and change of status (not consular processing) on your behalf by the deadline, you may be eligible for a Cap Gap extension of your authorized period of post-completion OPT or OPT STEM Extension. USCIS enters applicable information in the student’s SEVIS record. ISS does not have the ability to change or update this information. We do have the ability to reprint your I-20 with this information.
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If your EAD card is valid at the time your H-1B petition is filed
Your OPT authorization and your F-1 status can continue until September 30th, or until your H-1B petition is rejected, revoked, or denied.
You are still required to meet your OPT reporting requirements.
If you need a new I-20 with your H-1B Cap Gap remarks, you can submit the OPT/H1B Cap Gap Request in Terra Dotta. You must upload a copy of your USCIS receipt notice as a PDF to the request form.
If your EAD card is expired at the time your H-1B petition is filed
As long as you are still in your 60 day grace period when your H-1B petition is filed, your F-1 status in the U.S. can continue until September 30th, but you cannot work.
If your 60 day grace period is over at the time your employer files your H-1B petition, you should not remain in the U.S. in F-1 status. You may begin to accrue days of unlawful presence.
If your H-1B petition is rejected, denied, or revoked
Your F-1 status and employment authorization end, but you are granted a 60 day grace period.
- It is in your best interest to work with an immigration attorney for your H-1B application.
- ISS does not have the ability to verify the status of your H-1B petition in SEVIS.
- Please direct all questions regarding the H-1B process, including advice on travel during the cap gap period, to the employer and immigration attorney.
- It is outside of our scope to advise or assist with the H-1B filing process.
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From the USCIS website (Proof of Continuing Status): “Because the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.”