Optional Practical Training (OPT) – H-1B and the Cap-Gap Extension

The Cap-Gap Extension is an automatic extension of your F-1 status in between the end of post-completion or STEM OPT and the start date of H-1B employment.

What is H-1B?

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations.

H-1B status is generally valid for 3 years and can be extended for an additional 3-year period. An employer must sponsor you and file the H-1B petition on your behalf.

Note that if your H-1B petition is filed for consular processing rather than for a change of status, you will not be eligible for Cap-Gap Extension. After your OPT expires, you will need to leave within the 60-day grace period and apply for your H-1B visa outside of the U.S. You will be able to return to the U.S. no more than 10 days prior to October 1.

Cap-Gap Extension I-20

During your Cap-Gap Extension, you should carry around a new I-20 showing the extension of your status and work authorization (if applicable). To request this I-20 from the ISSS Office, send proof of your H-1B application to iss@pomona.edu.

Travel During Cap-Gap Extension

According to the USCIS Cap Gap webpage, leaving the U.S. before your H-1B petition and Change of Status request is approved will result in USCIS considering your application abandoned.

The website also indicates that, in general, if your H-1B has been approved, you may travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:

1. You seek readmission before your H-1B change of status takes effect (normally at the beginning of the fiscal year on Oct. 1); and
2. You are otherwise admissible (i.e. you have an unexpired F-1 visa, have an I-20 reflecting your Cap-Gap benefit and an unexpired travel signature, etc.).
   • If your F-1 visa has expired, international travel is not advisable since renewing the F-1 visa during the extension can be very difficult. If you choose to travel with an expired visa and are unable to renew your F-1 visa, you will need to apply for the H-1B visa to return.
   • Remember that the CBP Officer at the port of entry makes the final determination about whether you are admissible to the country.

Since the ISSS Office cannot provide advice on the legal impacts of travel on your H-1B application, please consult with your H-1B employer and legal counsel processing your H-1B petition before proceeding with any international travel plans.

End of Cap-Gap Extension

If your H-1B application is approved, you will remain in F-1 status until your approved H-1B start date or until the end of your Cap-Gap Extension (April 1 of the following fiscal year), whichever is earlier. Please continue to maintain your F-1 status by keeping up with your Post-Completion OPT or STEM OPT requirements.

If your H-1B application is denied, revoked, or cancelled during the extension, your OPT will end and you will no longer have work authorization. You must resign your position immediately and prepare to either depart the country within 60 days or transfer your SEVIS record to a new institution. Your 60-day grace period begins on the date the extension was terminated or your program/OPT end date, whichever is later.

Note: If you are laid off by your H-1B employer after your application is approved, you do not revert to F-1 status. Please review the USCIS website or consult with an immigration attorney regarding your options.