Cap Gap: OPT to H-1B

Here is a hypo for you: Your OPT runs out in July. Work in the upcoming fiscal year doesn't start until October 1st. What do you do in the meantime? Do you have to go home? Maybe not. The USCIS recently posted a question and answer sheet for this very question. If you are in this situation, I urge you to read this sheet.

What are your options?

STEM extension: those studying science, technology, engineering or mathematics can extend their OPT for up to 17 months. The degree must be listed on the approved STEM list, which can be found in the question and answer sheet.

Another newer option is called cap-gap. As per the fact sheet:

What is the cap gap problem?

Consequently, F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status F-1 academic students on post-completion OPT maintain valid F-1 status until the expiration of their OPT. Once that OPT has ended, they are authorized to remain in the United States for up to 60 days to prepare for departure.

How has USCIS remedied the problem? 

Under this rule, the F-1 status of students is automatically extended when the student is the beneficiary of an H-1B petition for the next fiscal year (with an October 1 employment start date) filed on his or her behalf during the period in which H-1B petitions are accepted for that fiscal year.


The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition.


If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition.


The student may benefit from this provision only if he or she has not violated his or her status.

Applying this to our hypothetical, if an H-1B has been filed on your behalf, your OPT runs out in July, you can continue working.  Take the filed H-1B and receipt notice to the school counselor who issued the OPT.   If the H-1B is approved, you start working on the H-1B October 1st.  If the H-1B is rejected or withdrawn, you will need to leave the country.