A cap-gap extension automatically extends an eligible F-1 student’s status to bridge the gap between the end of F-1 status and the start of H-1B status.
The cap-gap extension is available to students who, as of April 1st of the calendar year in which they are seeking to begin H-1 B status, are either authorized for post-completion OPT or in their 60-day grace period and have a pending or approved change-of-status H-1B petition with an October 1st start date filed with the USCIS.
Depending on your situation, the cap-gap extension will either:
Students in all fields of study are eligible for the cap-gap extension as long as the student has not violated the terms or conditions of their F-1 status. To qualify for the extension, the student must: be the beneficiary of an H-1B petition that:
Extension of status and work authorization are automatically terminated upon rejection, denial, or revocation of H-1b petition. The 60 day grace period begins immediately following such an action.
There is no application process for the cap-gap extension. If your H1B petition has been approved your SEVIS record will automatically be updated to reflect the cap gap extension and your work authorization will be extended to September 30 of the calendar year in which you are seeking to begin H-1 B status If your H1B petition is pending, your SEVIS record can initially be updated to reflect an extension of OPT until June 1 of the calendar year in which they are seeking to begin H-1 B status (assuming your OPT ended prior to June 1).
To request a cap-gap extension I-20, email scanned copies of the documents below to OIE@esf.edu with the subject: “Attn: Cap-Gap Relief I-20 Request”: Include the following in the email:
If an F-1 student’s H-1B is denied, the student will have the standard 60-day grace period from the date of the rejection notice to depart the US. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the US immediately.
Although your F-1 status would be extended, your OPT employment period is expired, and the cap-gap does not serve to reinstate or retroactively grant employment authorization.
You would be required to stop working until Oct. 1st.