Cap Gap Relief
Effective April 8, 2008, as part of the interim final OPT rule, duration of status and any post-completion OPT work authorization will be automatically extended for an F-1 student who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This applies to all qualified students on OPT, not just STEM students. Since the regulation states that cap-gap extensions are terminated if the H-1B petition is rejected, denied, or revoked, DHS has created a graduated extension scheme, which will grant extensions of OPT and of F-1 status depending on the situation of the underlying H-1B petition. DSOs are not responsible for initiating any actions in connection with the cap gap extensions, but if a student asks for an updated I-20 showing the extension dates, the DSO is responsible for printing the I-20. If the SEVIS record has not been automatically updated to reflect the extension, the DSO is also responsible for requesting a data fix before printing the I-20.
To qualify for the H-1B cap-gap extensions [8 C.F.R. § 214.2(f)(5)(vi)]:
- The student must be the beneficiary of an H-1B petition that has been timely filed;
- that requests an employment start date of October 1 of the following fiscal year; and
- that requests a change of status
- The student must not have violated the terms or conditions of his or her F-1 status
Email the following information to lescis@syr.edu with the subject: "Attn: Cap Gap Relief I-20 Request".
- Scanned copy of your H-1B approval notice (if you have not received the approval notice, please send the receipt notice)
- Scanned copy of your EAD card indicating an OPT end date prior to October 1
- Your University ID number or scanned copy of your University ID card
- Your mailing address (and credit card details if you are requesting express mail rather than
The Slutzker Center will request a SEVIS datafix and issue a new I-20; this may take up to 1 month to be processed by SEVIS. Your status and work authorization will remain valid while the request is pending.
Cap Gap Frequesntly Asked Questions