What is an H-1B?
The H‑1B status
permits temporary employment (up to 6 years) in the U.S. for people who
have a minimum of a Bachelor’s degree in the same or a related field as
the job offered. The position offered must require professional-level
skills and pay salaries at a certain level as defined by the
government. The employer must submit a petition to the U.S.
Citizenship and Immigration Service (USCIS) for approval of the H-1B
position. Petitions are approved on a first come, first served basis.
What is the H-1B Cap?
The H-1B cap is the limit on the number of H-1Bs allowed each fiscal
year.* Currently, the cap is 65,000. The fiscal year begins on October
1 when a new batch of the 65,000 H-1s becomes available. Employers are
allowed to file an H-1B petition up to 6 months before the new fiscal
year (April 1) so as to join the queue of new applications waiting for
the October 1 date. In past years, the 65,000 H-1s available were gone
by October 2, forcing employers to wait until April of the following
year to try again.
*The cap does not apply to all H-1B visas. Certain non-profit research
positions are unlimited. The cap does not affect H-1B petitions at UC
Berkeley.
What is the H-1B Cap Gap?
Many employers file H-1B petitions s towards the end of or after the
student’s OPT expires. As a result, students whose H-1 petitions were
approved, but whose F-1 periods of stay expired before October 1, had
to leave the U.S.
The term “cap gap” refers to this time between the end of the F-1
status and beginning of H-1B employment. The most common situation
occurs when the student’s OPT ended in the spring or early summer,
leaving a gap of several months before the individual’s H-1B status
began on October 1.
What is a Cap-Gap Extension?
A
Cap-Gap Extension is a period in which an eligible F-1 student’s status
is automatically extended to bridge the gap between the end of F-1
status and start of H-1B status. If the student is in a period of
authorized post-completion OPT on or after the date the student becomes
eligible for the extension, the student’s post-completion OPT is also
automatically extended.
Cap-Gap Extensions
The cap-gap extension is now available to students who are currently on an approved OPT and
have a pending or approved October 1, 200X H-1B petition with the U.S. Citizenship and Immigration Services.
This Cap-Gap Extension will extend work authorization for the F-1 student for the remainder
of the OPT period before October 1st, when the H-1B visa takes effect.
Who is eligible?
The extension of Cap-Gap I-20 applies
for all F-1 students in all fields of study with pending H-1B petitions during the fiscal year.
What happens if after I apply for the Cap-Gap Extension, my H-1B petition is denied?
If USCIS denies your H-1B petition, your work authorization ends in 10 days,
and you must depart the U.S. within 60 days after notification of the denial or rejection of the petition.
How do I apply for the Cap-Gap Extension?
If you have an H-1B Petition filed with the USCIS and your OPT is about to expire or
already expired prior to the H-1B approval date:
- Send an email to your school ISO with “Cap-Gap Extension” in the subject line.
- Indicate the following in the email:
• SEVIS Number
• Last Name, First name
• Date of Birth
• Employment Start Date and End Date (as indicated on EAD)
• Receipt Number
- Attach to the email a clear, legible copy of:
• EAD card
• The H-1B Receipt/or Approval Notice I-797B.
How long will the Cap-Gap Extension request take?
Your school ISO will submit the cap-gap request to SEVIS within three (3) business days of
the receipt of your email, provided all information above is accurate and complete.
How long will the Cap-Gap Extension take?
Although the SEVIS Help Desk has refrained from issuing a timeline,
we have noticed a two-week turnaround with cases so far.
ISO will contact you when the extension is approved.
What do I do if my OPT expires and my Cap-Gap Extension request is still pending with SEVIS Help Desk?
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.