The H-1B Cap limits the number of individuals who may be granted initial H-1B status during each year. The cap is currently set at 65,000 plus 20,000 more for those with higher degrees (U.S. masters’ degree or higher). Employees who will work at institutions of higher education or other specific nonprofit affiliates are exempt from the cap.
To be eligible for the Cap-Gap extension, your post-completion OPT must be valid at the time of your cap-subject H-1B petition filing (with the Form I-129 submitted for change of status and an employment start date of October 1). Otherwise, if you are in a valid 60-day grace period on the day your H-1B petition is filed, your lawful F-1 status is in the U.S. is extended, but you will not have work authorization during the gap period.
Work authorization on Cap-Gap is valid until September 30 for receipted petitions unless the H-1B petition is denied, withdrawn or revoked. Filed petitions are only initially extended until June 1.
Evidence of work authorization: A new Employment Authorization Document (EAD) will NOT be issued for Cap-Gap Extension. The Cap-Gap extension is automatic within your SEVIS record (you can also check the status under your SEVP Portal account). If you would like a new Form I-20 showing the extension, use the H-1B Cap-Gap Request Form below. You must have proof of filing or the receipt notice from the petition submission. As of the new registration and lottery process that started for FY21 (2020), being selected in the H-1B lottery alone is not enough for the extension. The cap-gap extension is based on having a filed/pending petition that is eventually approved.
Travel during the Cap-Gap extension is possible; however, individuals should use caution before deciding to travel during this period. Individuals should consult with their employer and immigration attorney. The H-1B must be approved prior to departure and students are advised to travel will all required documents, including their H-1B receipt and an updated Form I-20 reflecting the Gap-Gap extension. It is not advisable to apply for a new F-1 visa during this extension. For additional information, view USCIS guidance.