Cap-Gap Extensions
A cap-gap extension is a regulatory provision which automatically extends an eligible F-1
student’s status to bridge the gap between the end of F-1 status and start of H-1B status, thereby
allowing the student to remain in the U.S. during the “gap.” The cap-gap extension is now
available to students who, as of April 1st of the current year, were either on approved OPT or in
their 60-day grace period AND have a pending or approved change-of-status for October 1 of the
same year H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60
day grace period.
The cap-gap extension will produce one of two outcomes, depending on your individual
situation:
1. Extension of your OPT work authorization to September 30 of the current year.
This happens if your original OPT end date (on your EAD card) is on or after the day that
your employer filed an approved H-1B petition. For example: if your OPT end date is
April 15 and your employer files and approved H-1B petition on April 5, your OPT is
automatically extended.
2. Extension of your F-1 “duration of status.” This happens if you are in your 60 day
grace period on the day your approved H-1B petition is filed. Again, you would be
allowed to stay in the U.S. if you otherwise maintain your F-1 status, but you are not
authorized to work until the H-1B petition approved goes into effect October 1st.
Who is Eligible for the Extension?
Students in all fields of study are eligible for the cap-gap extension. To qualify for cap-gap, the
student must be the beneficiary of an H-1B petition that:
1. Has been timely filed (within the acceptance period)
2. Requests an employment start date of October 1st (even if it falls on a weekend or
holiday)
3. Requests a change of status
How Do I apply for the Cap-Gap Extension?
Because there is no guarantee your H-1B case will be selected for review/approval, there are two
steps to the cap-gap extension process:
1. To receive a preliminary cap-gap extension until June 1st:
a. Present a copy of your timely filed H-1B petition and receipt from USCIS
2. To receive the cap-gap extension I-20 through September 30th:
a. Present to Clemson a copy of the “notice of selection” (approval) from USCIS
when/if your employer receives it.
In both cases, send an email to [email protected] with “cap-gap extension” in the subject line.
Include the following in the email:
 SEVIS ID#
 Name
 Scanned copy of your EAD card
 USCIS receipt letter for application and/or approval of H-1B
 Indicate if you will be picking up your I-20 or would like to have it mailed. Please
include a current mailing address.
(864) 656-3614
www.Clemson.edu/ia
[email protected]
Rev. (LOD) 03/26/14
Page 1 of 2
What Happens if My H-1B is Denied After Applying for the Cap-Gap Extension?
If your H-1B is not selected, you will have the standard 60-day grace period from the date of
rejections notice to depart the U.S.
Can I Travel During a Cap-Gap Extension Period and Still Return with My OPT 1-20 and
EAD?
The regulations at 8CFR 214.2(f)(13) state that a student who has an unexpired EAD issued for
post-completion OPT and who is otherwise admissible may return to the U.S. to resume
employment after a temporary absence. By definition the EAD of an F-1 student covered under a
cap-gap extension is essentially expired. As a result, if the student elects to travel outside of the
U.S. during a cap-gap extension, he/she should be prepared to apply for an H-1B visa at a
consular post abroad prior to returning. As the H-1B is presumably for October 1st, the student
should be prepared to adjust his/her travel plans accordingly as regulations allow entry to the
U.S. only 10 days prior to October 1st.
How Long Will the Cap-Gap Extension I-20 Take to Process?
Clemson’s Office of International Services will submit the cap-gap request to SEVIS within 2-5
business days of the receipt of your email, provided all information is accurate and complete.
What Do I Do If My OPT Expires and My Cap-Gap Extension Request is Still Pending
with SEVIS?
Your Post-completion OPT is automatically extended, whether you apply for the cap-gap
extension or not. Therefore, you are allowed to continue working with your employer while the
cap-gap extension request is pending. Also, keep in mind that the 90 day unemployment rule
remains in full effect during your automatically extended work authorization (if you qualify for
extension of work authorization).
Can a Student who is Eligible for a Cap-Gap Extension apply for a 17-Month OPT
Extension While He is in the Cap-Gap Extension Period?
Yes. However, such application may not be made one the cap-gap extension period is terminated
and the student enters the 60-day departure period.
(864) 656-3614
www.Clemson.edu/ia
[email protected]
Rev. (LOD) 03/26/14
Page 2 of 2