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 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 OPT is intended to extend status and work permission for the period between the end of OPT and the start of a timely filed H-1B petition requesting Change of Status. The Cap Gap OPT extension does not apply if your H-1B is filed as Consular Processing, is withdrawn, or is denied.
Length of a Cap Gap Extension of OPT is determined by the start date of the filed H-1B petition and the end date of OPT.
- If your OPT expires in July and your H-1B petition is approved to start October 1, the Cap Gap extension of OPT will cover July-September 30.
- If your 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 of OPT will cover July up to the H-1B petition start date.
If your 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.
While On Cap Gap Extension
Work authorization on Cap Gap is valid until the H-1B start date unless the H-1B petition is denied, withdrawn, or revoked.
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 Change of Status H-1B petition (typically the H-1B approval notice from USCIS) by emailing your OISS adviser with the subject “Cap Gap I-20.”
Travel is not advised during the Cap Gap period.