This document serves as proof of continued employment authorization.If a student chooses to obtain an updated Form I-20, they should provide their 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.

An F-1 student in Optional Practical Training (OPT) whose employer timely files an H-1B petition for the student may be eligible to continue working beyond the expiration of their OPT Employment Authorization Document. They then need to apply for an H-1B visa at a consular post abroad, if applicable, and seek to be readmitted into the United States in H-1B status for the dates reflected on the approved H-1B petition.Additionally, the cap-gap provision applies only to beneficiaries of cap-subject H-1B petitions, not to beneficiaries of The cap-gap extension of OPT is automatic for eligible students.

The cap-gap extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing. For more information, see the Handbook for Employers (M-274), A cap-gap is the period between the end of a nonimmigrant student’s F-1 status and the beginning of their H-1B status. For more information, see the Handbook for Employers (M-274), DHS may extend Employment Authorization Documents provided to individuals covered by Deferred Enforced Departure (DED). For more information, see the Handbook for Employers (M-274), Employees in the H-1B program may have their status and employment authorization extended if their employer timely files a Form I-129, Petition for a Nonimmigrant Worker, to extend their employment, or if a new employer petitions to become their employer. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.The student should return to their DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, indicating that the petition was filed and accepted.

Because the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.If an H-1B petition filed for an F-1 student with a cap-gap extension is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, revocation, or withdrawal of the petition) to depart the United States.The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. The student will no longer be in valid F-1 status and would need to file a Form I-539 if seeking to change back to F-1 status.Official Website of the Department of Homeland Security    Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap RegulationsExtension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

The student’s DSO will issue another updated Form I-20, showing an extension until Oct. 1.

F-1 students may refer to the F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the 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.However, students may not apply for a STEM OPT extension once the cap-gap extension period is terminated (if the H-1B petition is rejected, denied, revoked, or withdrawn) and the student has entered the 60-day grace period.The law allows you to be unemployed during your OPT period for a limited number of days.If the student’s OPT end date is shortened to Sept. 30 even though their H-1B employment would not begin until a later date, the student should contact their DSO. As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1 for the following fiscal year, which starts Oct, 1. The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on Oct. 1, the required start date of the H-1B cap-subject petition filed on their behalf if seeking cap-gap authorization.Cap-gap occurs because an employer may not file, and USCIS may not accept, a cap subject H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training. An F-1 student in Optional Practical Training (OPT) whose employer timely files an H-1B petition for the student may be eligible to continue working beyond the expiration of … If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. The STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field. For more information, see the Handbook for Employers (M-274), Employees in the H-2A program may have their status and employment authorization extended if their employer timely files a Form I-129, Petition for a Nonimmigrant Worker, to extend their employment, or if a new employer petitions to become their employer.

For more information, see the Handbook for Employers (M-274), Employers who timely file Form I-129, Petition for a Nonimmigrant Worker, or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, for CW-nonimmigrants may extend the status employment authorization of their employees. The Form I-797 must have a valid receipt number. For more information, see the Handbook for Employers (M-274), F-1 students who timely file a science, technology, engineering, and mathematics (STEM) Optional Practical Training (OPT) extension application will receive an automatic extension if their OPT period expires while their application is pending.

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