H1B application & Cap Gap Extension
Please review the information provided here about H1b applications and status changes carefully. The OGI is unable to advise on H1B applications, requirements, and processes, and students must contact their attorney if they have further questions.
This spring, for the first time, USCIS implemented a two-step process for H-1B applications. First, employers wanting to file a cap-subject H-1B petition had to submit preliminary registrations during a March 1 to March 20, 2020 initial registration period. USCIS conducted a lottery of all registrations received, and notified petitioners if they were selected. In essence, this is an invitation from USCIS to apply for an H-1B. Next, applicants who were selected during the initial registration period in March can file a full H-1B application during a designated filing period starting April 1, 2020.
A cap-gap extension is a regulatory provision which extends an eligible F-1 student's status to bridge the “gap” between the end of F-1 status (typically the end of OPT/STEM OPT Extension authorization) and start of H-1B status, thereby allowing the student to remain in the US (and possibly continue working) during the "gap".
- The cap-gap extension is automatically authorized in SEVIS through September 30th , if you have a timely filed H1B application. This is not something that the OGI updates in SEVIS.
- The Cap-Gap Extension is only authorized, and will only become active, after your F1 Status has ended. If your OPT/STEM OPT authorization is still valid, then you will not be authorized for the Cap Gap until this authorization ends, if it does so prior to the start of your H1B status.
- You will not receive a new EAD for this period of time.
- You do not need a new I-20 in order to continue working and/or remain in the U.S., but some employers may request one to serve as proof of the extension.
The cap-gap extension is available to F-1 students who are the beneficiaries of a timely filed H-1B application and their OPT or grace period will have expired between H1B filing and September 30 of the current year.
If your OPT or STEM extension is valid through September 30 of the year that you applied for the H1B, there is no need for the cap-gap extension, and it will not be applied to your SEVIS record: you already have work authorization through the end of your OPT/STEM OPT and do not require Cap-Gap.
The cap-gap extension is automatically authorized in SEVIS through September 30.
You will not receive a new EAD for the additional time. A reprint of your I-20 showing the cap-gap extension will serve as proof of the extension. The Cap Gap extension will not be granted until your OPT/STEM OPT has ended, and therefore will not appear on a reprinted Form I-20 until the OPT/STEM OPT has ended.
You may be eligible for one of two Cap-Gap extension benefits:
Extension of employment authorization:
Scenario 1: If the employer filed your H-1B (change of status) petition and it is received by USCIS prior to your post-completion OPT expiration date, you qualify for an extension of your OPT employment authorization.
Scenario 2: If the employer has filed your H-1B (change of status) petition, and it is received by USCIS after your post completion OPT expires, AND you have a properly filed STEM OPT Extension application and are within the 180 day approved employment grace period following the end of your initial OPT, your F-1 status and permission to remain in the US is extended, and your work authorization is extended through the end of the Cap-Gap period.
Extension of permission to remain in the US: If the employer filed your H-1B (change of status) petition and it is received by USCIS after your post-completion OPT expires but during your 60 day grace period following OPT, your F-1 status and permission to remain in the US are extended but you are not eligible to work
Note: Those filing for H-1B via consular processing DO NOT qualify for the cap-gap extension. You must confirm with your employer if the H-1B will be filed as a "change-of status" or via "consular processing."
No. If you received a receipt notice dated in March, that receipt was for the initial registration period only. Applicants need to receive a receipt notice from their designated filing period (dated in April or later) in order to be granted the cap-gap extension.
In addition, if your SEVIS Portal shows a cap-gap extension before you receive your H1B application receipt, you can submit a request to reprint your I-20 through your myGlobal student portal.
No. Although your F-1 status will be extended if you are in your 60-day grace period when the petition is filed, thus allowing you to remain in the US until September 30, the cap-gap does not grant employment authorization to those whose employment authorization period has expired before April 1.
Your legal status to remain in the U.S. in F-1 status is extended, but you are required to stop working until your H-1B goes into effect on October 1 (or at whatever date your change of status becomes effective).
Consult with the legal counsel working on your H1-B application or the Human Resources office of your employer to determine your best strategy for what to do if your employment authorization is not extended.
Your cap-gap extension I-20 will not be extended past September 30. If your H-1B is not approved by Sept. 30, your F-1 employment authorization will end.
You will then have the standard 60-day grace period from the Cap Gap end date of Sept 30 to 1) depart the U.S., 2) apply for SEVIS transfer to another university if possible, or 3) work with your employer and immigration legal counsel regarding your current H-1B change of status and options to remain in the U.S. OGI strongly recommends consulting with your attorney before making any decisions.
You must email proof of your H1B application and/or a receipt notice to global@njit.edu. OGI cannot check your SEVIS record to see if your H1B application has been accepted or approved unless you have received a receipt or approval notice from USCIS.
Note that you cannot receive the cap-gap extension through September 30 if you do not have a receipt notice from USCIS. However, if you have proof that your H1B application was mailed, but you haven’t received a receipt, you might be eligible for a temporary extension until June 1.
Per the USCIS website:
If you do not yet have a receipt notice from USCIS: If a student chooses to obtain an updated Form I-20, the student should go to his or her DSO with evidence of a timely-filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.
If you already have a receipt notice from USCIS: If the H-1B petition is selected by USCIS, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, indicating that the petition was filed and accepted. The Form I-797 must have a valid receipt number. The student’s DSO will issue another updated Form I-20, showing an extension until October 1.
Students may request an updated reprint of their Form I-20 wth Cap-Gap information via the myGlobal portal. You must upload a copy of your official I797 receipt notice from USCIS (not your notice of registration selection) with your reprint request in order to obtain an updated Form I-20.
The OGI will not issue updated Form I-20's without the official application receipt notice from USCIS.
Please allow up to 7 business days for all I-20 requests.
**You cannot obtain a reprint of your Form I-20 AFTER your H1-B status has begun. After your status has changed, your SEVIS record will no longer be active and reprints cannot be issued.
If several days have passed after you receive your receipt notice, and the cap-gap has not automatically been applied to your SEVIS record, then OGI will have to request a data fix from the SEVIS Help Desk.
In these cases, we will have to submit a copy of your EAD card, your H-1B Receipt Notice or your H-1B Approval Notice and wait several days for them to correct your record.
After the correction, we can print a new cap-gap I-20 for you. You are allowed to continue working with your employer while the cap-gap extension data fix is pending.
The OGI does not recommend travel outside the U.S. before your H-1B/change of status request is approved. If you travel outside the U.S. while it is still pending, USCIS might decide that you abandoned your petition.
Once your change of status to H1B is approved, generally you may travel abroad and seek readmission to the United States in F-1 status during a cap-gap period, but remember, it is ultimately up to U.S. Customs and Border Protection (CBP) to determine if, and how, you can reenter the US. OGI strongly recommends consulting with the attorney retained by your employer before traveling.
If your H-1B is not selected, or is withdrawn, denied, or revoked, you will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the U.S. In some cases it may be possible to apply for a SEVIS transfer to a new academic program during the grace period, but this is often not available.
However, if a denial is based on a discovered status violation, no such grace period exists and you must leave the U.S. immediately. Update OGI as soon as possible regarding any withdrawal or denial of your H1-B petition.
These actions may have an impact on your SEVIS record, and an OGI adviser will need to review your record to see if any corrections need to be made.
You are not eligible for the Cap Gap Extension if your employer is not cap-subject, or if your employer files for your H-1B via consular processing.
If a cap-gap appears in your F-1 record and you are in one of these categories, please contact OGI as soon as possible. So we can request a correction of your SEVIS record. It’s common to have an error in your SEVIS record if you applied for consular processing.
Upoad a copy of your approval notice to your myGlobal portal.
Your immigration status in the US will automatically change on the date listed on your approval notice. This means, you will no longer be in F1 Student status after this date, and will no longer be required to maintain F1 status requirements. Any OPT or STEM extension employment authorization will end on the date your H-1B becomes effective.
If you are engaged in STEM extension employment at the time when your H-1B start date arrives, you must report the end of your employment and upload a copy of page 5 of I-983 via the myGlobal student portal.
Your F-1 SEVIS record will be completed after the effective date of your H-1B.
**You cannot obtain a reprint of your Form I-20 AFTER your H1-B status has begun. After your status has changed, your SEVIS record will no longer be active and reprints cannot be issued.
Yes, you can apply for a STEM OPT Extension before your OPT EAD expires. While USCIS states on their website that “students who are eligible for a cap-gap extension of post-completion OPT employment and F-1 status may apply for a STEM OPT extension during the cap-gap extension period,” STEM applications submitted after the end of the OPT EAD, but during the cap-gap period carry a higher risk of denial.
Additionally, for those applications that are approved, if the H-1B is later denied, it could cause serious problems the STEM extension authorization and the student’s SEVIS record.
If you do decide to apply for a STEM extension during your cap-gap extension, ask your international student advisor to include a cap-gap cover letter for your STEM extension application. And if your H-1B is denied but you applied for the STEM extension, contact OGI immediately.