International Student Services
International Division

H-1B Cap Gap

Overview

The H-1B is a nonimmigrant visa status that is employment based. It is designated for individuals coming temporarily to the United States to work in a specialty occupation, and it is sponsored by an employer.  

ISS cannot advise on the H-1B process. If you are interested in working at UW-Madison in H-1B status, please contact our colleagues at International Faculty and Staff Services. You can also find information about H-1B status from the following organizations: 

There is a limit, or cap, on the number of H-1B petitions that can be filed per fiscal year, for most employers. The federal fiscal year begins on October 1st and ends on September 30th of the following calendar year. U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B petitions on April 1st for the coming fiscal year. 

If USCIS approves an H-1B petition, the earliest date that a student may start the approved H-1B employment is October 1st. Depending on when the student was approved for Post-Completion OPT or STEM OPT, their F-1 status and/or EAD may end before their H-1B authorization is able to begin. This period of time is called the “gap.”  

The Cap Gap Extension allows for certain students with pending or approved H-1B petitions to extend their work authorization and/or grace period to bridge the gap between F-1 status employment and H-1B status.  

Previously, Cap Gap Extensions would be automatically extended to September 30th to allow for the transition to H-1B status on October 1st. Due to delays in processing, some petitions would not be approved by October 1st, so a rule effective January 27th 2025 has changed the Cap Gap Extension period. Now, work authorizations and/or grace periods are extended until April 1st or until the validity start date of the approved H-1B petition, whichever is earlier. 

  • If you are eligible for the Cap Gap Extension, the respective updates should be automatically added to your SEVIS Record with no action required on your end.  
  • Submit your OPT/H-1B Cap Gap Request in Terra Dotta for your new I-20. You must upload a copy of your USCIS receipt notice and a copy of your EAD for the current OPT period. 
  • Cap Gap I-20 requests are subject to ISS’s processing times, which can be a maximum of 15 business days. 

Basics and Eligibility

This is an accordion element with a series of buttons that open and close related content panels.

Am I eligible for the H-1B Cap Gap Extension?

  • You are eligible for the Cap Gap Extension if:
    • Your employer filed an H-1B petition in a timely manner (filed while the student was in F-1 status) and requested the change of status option 

Who is not eligible?

An H-1B petition that is requesting consular processing is not eligible for the Cap Gap Extension. Additionally, petitions submitted by cap-exempt employers are not eligible for the Cap Gap Extension. 

What documentation proves that I can continue to work?

  • An I-20, with the extended dates and Cap Gap Extension notation, serves as documentation to prove that your work authorization has been extended.
    • You do not need to apply for a new EAD.  
  • ISS recommends that you request the I-20 with Cap Gap Extension information included for your records, but it is not required in order to continue working.

If your EAD is valid at the time your H-1B petition is filed

  • Your OPT authorization and your F-1 status can continue until April 1st, until the validity start date of the approved H-1B petition, or until your H-1B petition is rejected, revoked, or denied. 

If your EAD 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 April 1st or the validity start date of the approved H-1B petition, but you cannot work. 
  • If your 60-day grace period has ended at the time your employer files your H-1B petition, you should not remain in the U.S. in F-1 status. You should discuss your option with your employer’s immigration specialist. 

If your H-1B petition is withdrawn, rejected, denied, or revoked

Your F-1 status and employment authorization end, but you are granted a 60-day grace period from the date of the rejection notice. There may be exceptions to the grade period. Please click here to learn more.

Can I travel during the Cap Gap Extension period?

After an H-1B petition is filed, you should consult with your employer’s immigration specialist about all international travel. 

Can I apply for the STEM OPT Extension?

  • Yes, you can apply for the STEM OPT Extension before/during the Cap Gap Extension period while the H-1B petition is Pending with USCIS.  
    • You must apply before your Post-Completion OPT EAD expires.  
    • Students often apply for STEM OPT as a backup option to have work authorization in the U.S. in case the H-1B petition is not approved. 
  • You should consult with your employer’s immigration specialist to see if they would recommend applying for both the H-1B change of status and STEM OPT Extension authorization at the same time. 
  • The STEM OPT Extension authorization will end on the day that the H-1B becomes effective, so long as your H-1B petition is approved. You should report your change of status to ISS using the OPT reporting form so that we can complete your SEVIS Record. 

Common Issues with the H-1B Cap Gap Extension

This is an accordion element with a series of buttons that open and close related content panels.

Cap Gap Information Not Appearing in SEVIS

  • While the Cap Gap Extension information should automatically update in your SEVIS Record once the H-1B petition is filed for change of status, there are often issues with this process.  
    • If you are eligible for the Cap Gap Extension, and the required updates have not been updated to your SEVIS Record, ISS will need to request a data fix with the SEVP Help Desk to get this corrected. We will need a copy of your EAD and your H-1B Receipt Notice/H-1B Approval Notice if applicable.  
    • ISS cannot issue the Cap Gap I-20 until the data fix is approved. 

Cap Gap Information Appears in SEVIS, but not subject to the cap / filed for consular processing

  • Cap Gap Extensions are only granted to those who have an employer that is subject to the cap, and those who requested to process the request with change of status. 
  • If your employer is cap-exempt and/or requested consular processing and Cap Gap information was incorrectly updated in your SEVIS Record, contact your assigned ISS Advisor as soon as possible. 
  • ISS must request a data fix to remove this information. If we do not request the data fix, your SEVIS Record/F-1 status could incorrectly be completed. 

Original OPT expires but data fix is still pending with SEVIS Help Desk

  • You are allowed to continue working while the data fix is pending, as the Cap Gap Extension is automatic, no matter if you get a new Cap Gap I-20 or not. 
  • Unemployment day limits on Post-Completion OPT (90 total) and STEM OPT Extension (additional 60 days) and report any changes to ISS within 10 days of the change taking place.