The H-1B work visa is an employer sponsored petition submitted by the employer on your behalf. To begin the process of applying for H-1B and becoming eligible for a possible extension of STEM OPT, you must speak to your employer.
The H-1B Cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status during each fiscal year. The cap is currently set at 65,000 for all who have a Bachelor's or higher degree, and an additional 20,000 for those with a Master's degree or higher. Employees who will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations, are cap exempt and can continue to hire new employees on H-1B year-round.
The H-1B Fiscal Year for Cap-Subject employers runs from October 1 to September 30 each year. The earliest a new H-1B can start is October 1 of the filing year.
Cap Gap Extension of STEM OPT is intended to extend status and work permission for the period between the end of STEM OPT and the start of a timely filed H-1B petition requesting Change of Status. The Cap Gap extension does not apply if your H-1B is filed as Consular Processing, is withdrawn, or is denied.
Length of a Cap Gap Extension is determined by the start date of the filed H-1B petition and the end date of STEM OPT.
- If your STEM OPT expires in July and your H-1B petition is approved to start October 1, the Cap Gap extension will cover July-September 30.
- If your STEM OPT expires in July but your H-1B petition is approved to start after October 1 but before April 1 of the following year, the Cap Gap extension will cover July up to the H-1B petition start date.
If your STEM OPT has already expired on April 1, but you are in a valid 60-day grace period, your employer can still file an H-1B petition on your behalf and you can legally stay in the U.S. (extension of status) until you receive official notification about the status of your case from USCIS, but you are not eligible to work during this period.
At the End of STEM OPT
Be sure you file your 24-month I-983 evaluation at the end of your original STEM OPT expiration to be compliant with STEM reporting requirements. Instructions are listed on the STEM reporting page.
While On Cap Gap Extension
Work authorization on Cap Gap is valid up to the start date listed on the H-1B petition unless the H-1B petition is denied, withdrawn, or revoked, or the approved start date is beyond April 1 of the following year.
Evidence of work authorization for the extended period is reflected on a new I-20. There will be no new EAD card issued for Cap Gap Extension. OISS will be able to provide you with an updated I-20 if you notify us and provide evidence of a timely filed H-1B petition (receipt or approval notice from USCIS or courier service delivery confirmation with your name on it) by emailing your OISS adviser with the subject “Cap Gap I-20.”
Travel is NOT advised during the Cap Gap period.