Depending on when the H-1B employer submits the H-1B petition to USCIS, the F-1 student may be eligible for an extension of their post-completion OPT (or STEM Extension OPT) or an extension of their F-1 status only (but not their OPT benefits).

NOTE: If the H-1B petition is withdrawn or rejected, any cap-gap extension benefits come to an end immediately. Contact International Student and Scholar Services at isss@brown.edu if this situation occurs.

You do not need to take any specific steps to apply for the cap-gap extension. If you qualify for the extension, your SEVIS record will be updated by USCIS with the extension information. You will not receive a new Employment Authorization Document (EAD) card. Please note: ISSS does not approve or authorize cap-gap extensions; however, we are able to provide an updated I-20 once the cap-gap authorization has been entered into your SEVIS record by USCIS. 

In order to request evidence of your cap-gap extension:

1. Consult with your employer. Check with your employer to confirm that the H-1B petition was filed on your behalf. If possible, request that they provide you with a receipt showing that the petition was received by USCIS.
2. Check your SEVIS OPT Portal record. Check your SEVIS record using the SEVP OPT Portal. If the cap-gap extension was approved, your SEVIS record should show an updated OPT end date which incorporates the cap-gap. Please note that this is only the case if your OPT was set to expire before the cap-gap end date.
3. Submit a Form I-20 travel signature / reprint request in the ISSS Gateway. Please note that you must submit this request through the ISSS Gateway in order to receive an updated I-20. ISSS will not process requests made by email. Once the request is processed, you will receive a new I-20 that should include the cap-gap authorization on page 2.

If more than three weeks have passed since your employer's H-1B petition was filed with USCIS, and your SEVIS record has not been updated with the cap-gap information, contact ISSS and be prepared to provide the following:

• A copy of the I-797 receipt notice confirming that your employer filed a H-1B petition with USCIS
• A copy of your I-94 arrival record
• A copy of your most recent Form I-20 

Upon receiving the above documents, ISSS will contact SEVIS to request that your record be updated with cap-gap extension information.

Cap-gap extensions are available only if the petition requested a change of status (e.g., F-1 to H-1B) rather than consular processing. Consular processing requires the beneficiary to depart the U.S. and obtain an H-1B visa before coming back to start employment.

If your employer submitted a petition requesting ‘consular processing’ rather than a change of status, please consult with them about your options.

Do not travel outside the U.S. without first talking to your employer's immigration attorney or advisor. In general, international travel is not recommended while your H-1B petition is pending.

In general, the cap-gap extension is based on a valid and pending or approved H-1B petition. If your H-1B employer withdraws the petition for any reason, the basis for the cap-gap extension disappears.

You may use any previously-authorized OPT or STEM Extension OPT benefits (as well as any grace period that still applies). If the H-1B petition is rejected or withdrawn, you may still be eligible for the standard F-1 grace period of 60 days from the date the petition was rejected or withdrawn. You must, however, discontinue immediately any employment (if applicable) that might have been based on the cap-gap extension.

If your post-completion OPT or STEM Extension OPT was extended on the basis of a cap-gap extension, you can continue working under standard rules for these types of employment.

Post-Completion OPT

• You must work at least 20 hours per week in a job related to your major
• You may hold more than one job at the same time
• Your unemployment maximum of 90 days remains unchanged, even during the cap-gap extension period 

STEM Extension OPT

• You are limited to working for your STEM Extension employer as listed on your Form I-983 Training Plan
• You are allowed to have more than one STEM employer, but each employment position must be at least 20 hours per week, and each employer must be enrolled in the U.S. government's E-verify program
• You must arrange to complete a new Form I-983 training plan if you change STEM employers or add new STEM employers
• Your unemployment maximum of 150 days (90 days of unemployment during post-completion OPT plus an extra 60 days of unemployment during the STEM Extension) remains unchanged
• During the cap-gap extension, you must continue to validate your information every six months (job and address information); in addition, you may need to complete a second final self-evaluation, if your STEM Extension goes beyond the 24 month maximum

IMPORTANT: Keep in mind that any change of employer should be done carefully, especially if it impacts your employment with your H-1B sponsor. Consult with your H-1B employer before requesting any changes to your OPT employment.

Yes, as long as you qualify for the STEM Extension. In addition, you must plan the timing of your application carefully.

If you are on post-completion OPT, you must generally submit your application for the STEM Extension no later than the last day of your current EAD card, even if your post-completion OPT was extended through the cap-gap.

Applying for the STEM Extension after your EAD card has expired, but during your cap-gap extension, runs the risk of denial.

ISSS strongly recommends that you complete a final self-evaluation which is required under the STEM Extension regulations. This is to show that you fully complied with all STEM Extension requirements, including any STEM Extension time on cap-gap, and to avoid the possibility of future questions or problems relating to your participation in the STEM Extension program.

If you were on the 24-month STEM Extension of OPT, but your OPT was later extended on the basis of the cap-gap, you must continue to work for your STEM employer. In addition, you must continue to:

• Validate your job and address information every six months, or until your H-1B is approved and becomes effective or the cap-gap ends
• Submit a final self-evaluation once your H-1B is approved and becomes effective.

When your H-1B status takes effect, submit a final self-evaluation in your ISSS Gateway portal using the STEM OPT Self-Evaluation Upload request and mark the end of your time on F-1 OPT by submitting the Complete Student SEVIS Status request.