Cap-Gap
Cap-gap is a rule that automatically extends an F-1 student's status, and in most cases their OPT work permission, when their employer files a timely H-1B cap petition requesting a change of status, so they are not left without status before the H-1B starts.
How it works
H-1B cap jobs start on October 1, but OPT often ends earlier. Under cap-gap, status and work permission continue while the H-1B petition is pending or approved.
Since January 17, 2025, the cap-gap period runs until April 1 of the fiscal year the H-1B was requested for, instead of October 1. It ends early if the petition is denied, withdrawn, or rejected.
You must be in valid F-1 status (or in your 60-day grace period) when the petition is filed. Ask your school's designated school official to update your SEVIS record and I-20. See our cap-gap guide and H-1B lottery guide.
Frequently asked questions
Can I work during the cap-gap?
Yes, if your OPT was valid when the H-1B petition was filed, work authorization continues.
What if my H-1B is denied?
The cap-gap extension ends, and you usually have a short grace period to leave or change status.
Does cap-gap apply if I travel?
Traveling abroad usually ends the change of status request. Talk to your school and employer first.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.