OPT to H-1 Cap-Gap
The H-1B “cap-gap” occurs when an F-1 student’s status and OPT work authorization expires after April 1, and before the student can start approved H-1B employment during the next fiscal year that begins on October 1. For example, under the new rule, a student currently on OPT who is the beneficiary of a timely-filed H-1B petition that requests an employment start date of October 1 of the following fiscal year will have his or her duration of status and OPT employment authorization extended to that date. This is what is called the “cap-gap”.
The cap-gap extension of work permission is automatic; the employer should not need further documentation. (See: “Fact Sheet, Information for Employers” at the Immigration and Customs Enforcement website.
However, if the student needs an I-20 for any other reason to prove they are in cap-gap status, they should contact ISSS. They should send an e-mail to ISSS with the subject line “Cap-gap I-20 Request”, include UM ID#, include end date on EAD card, current mailing address, current employer name and address including the start date of that employment, and employer name and address during Cap-gap dates if it’s different than the current employer.
Should the pending H-1B petition ultimately be denied, the student will have a sixty day grace period from the notification date of the denial to depart the United States, obtain admission to a new F-1 SEVIS-approved school, or file an application for a change of status.
|
Return
to: Office of International Programs | U of M Home
F-1 Student 