H-1B Cap-Gap Extension

• Overview

  If you are an F-1 student and your employer files a timely cap-subject H-1B petition on your behalf requesting a change of status and a start date in the next fiscal year, you may qualify for the H-1B cap-gap extension.

  The cap-gap extension automatically extends F-1 students’ immigration status and work authorization in order to bridge the gap between the end of their F-1 status and the start of their H-1B status ensuring the students’ employment and stay in the U.S. are not interrupted.

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  What’s New (Effective January 17, 2025)

  Under updated Department of Homeland Security (DHS) regulations, your F-1 duration of status (D/S) and any authorized Post-Completion OPT or STEM OPT will be automatically extended through April 1 of the fiscal year requested in the H-1B petition, or until the approved H-1B start date, whichever comes first. This is an expansion from the previous rule, which only allowed the extension through October 1.

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  Eligibility requirements

  To be eligible, the following must apply:

  • Your cap-subject H-1B petition is timely filed;
  • The petition requests a change of status (not consular processing);
  • The petition requests an H-1B start date any time in the next fiscal year (not just October 1);
  • You have not violated your F-1 status at the time of filing.

  Important Considerations:

  • If you had valid post-completion OPT or STEM OPT at the time of filing, both your status and work authorization will be extended.
  • If you were in your 60-day grace period when the H-1B was filed, only your status will be extended — not your work authorization.
  • The cap-gap extension ends immediately if the H-1B petition is denied, withdrawn, revoked, or if the request for change of status is denied or withdrawn.

  Requesting a CAP-GAP i-20

  Students may request a new I-20 showing your extended work authorization with the Cap-Gap Extension after your H-1B petition is filed.

  Step 1: Log into accessVIS using Limited Services

  
  

  1. To login to accessVIS click here.
  2. Click the "Limited Services" link on the accessVIS homepage.
  3. Enter your Stony Brook ID#, date of birth and Limited Services PIN. If you have have forgotten your PIN, you may request that the system e-mail it to you. (E-mail me my Limited Access PIN).

  Step 2: Complete the H1-B Cap-Gap Extension Request in accessVIS

  Complete and submit H-1B Cap-Gap Extension request under Employment & Training.

  NOTE: If any of your employment details have changed since you last reported to VIS, you must update them by submitting the Add/Update Employment e-form within the Post-OPT/STEM checklists.

  Step 3: Upload Required Documentation

  Provide a copy of your H-1B receipt or approval notice and a copy of your valid EAD card.

  Step 4: Receive Your New I-20

  Please allow 5-7 business days for your new I-20 to be issued.

  If your petition for H-1B was timely filed (before the expiration of your post-completion OPT), a new I-20 indicating your cap-gap extension will be issued, and your work authorization will be extended throughApril 1.

  If your petition for H-1B was filed during your 60-day grace period (after the expiration of your Post-Completion OPT or STEM OPT), a new I-20 indicating your cap-gap extension will be issued, but only your ability to remain in the U.S. will be extended through April 1. You cannot work until your H-1B goes into effect.

• Transitioning to H-1B Status

  
  Transitioning to H-1B Status

  If you are transitioning to H-1B status, you must report this change to VIS within 10 calendar days of your H-1B start date so we can properly close your F-1 SEVIS record.

  Once your H-1B takes effect, any questions about maintaining H-1B status should be directed to your employer’s immigration attorney or HR team.

  CHANGE OF STATUS WITHIN THE U.S.

  If your H-1B was approved as a change of status within the U.S., your F-1 status will automatically end on the H-1B start date listed on your approval notice.

  CONSULAR PROCESSING

  If your H-1B was approved for consular processing, your F-1 SEVIS record will remain active until the end of your authorized F-1 period. For your H-1B status to begin, you must apply for an H-1B visa at a U.S. consulate abroad and reenter the U.S. in H-1B status.

  Reporting your h-1b status

  It is important to report your new status within 10 calendar days of the effective start date.

  Step 1: Log into accessVIS using Limited Services

  
  

  1. To login to accessVIS click here.
  2. Click the "Limited Services" link on the accessVIS homepage.
  3. Enter your Stony Brook ID#, date of birth and Limited Services PIN. If you have have forgotten your PIN, you may request that the system e-mail it to you. (E-mail me my Limited Access PIN).

  Step 2: Complete the Ending my F-1 Student Status Request

  Under F-1 Student Services, complete the Ending my F-1 Student Status Request.

  • Select the option that best describes your situation as Change/Adjustment of Status Approved.
  • Indicate new status as H-1B and your start and end dates.

  Step 3: Upload Required Documentation

  You will be required to upload your I-797 Approval Notice or H-1B visa stamp. 
  
  If you changed your status through consular processing, you must upload your new I-94 Arrival Record showing your H-1B status.

  If you were previously on STEM OPT Extension, you must upload your I-983 Final Evaluation (page 5, bottom portion) completed and signed by you and your supervisor. If you have already previously reported this to VIS, you can upload the same document you previously provided.

  Step 4: Review and Submit

  Your request will be reviewed within 5-7 business days. You will receive an email confirmation once it is complete.

  Important Considerations WHEN Changing to H-1B Status

  • Unused OPT/STEM OPT Time Cannot Be Recovered: If your H-1B employment ends after your status has changed, you cannot recover unused OPT or STEM OPT time, and your previous SEVIS record cannot be reactivated.
  • Advising Responsibilities Shift: Once your status changes to H-1B, your immigration status is no longer connected to Stony Brook University (unless you are employed by the State or Research Foundation). As a result, VIS cannot advise you on your H-1B responsibilities. Please consult your employer’s immigration attorney or HR team for guidance.
  • I-20s Are No Longer Required for Travel: After your H-1B status takes effect, you do not need a Form I-20 for travel. However, you should keep all previously issued I-20s as part of your immigration history. These documents may be required for future immigration applications or benefits.
• FAQs

  
  Frequently Asked Questions

  Is the cap-gap automatically put on my F-1 SEVIS record?

  Yes, if you are eligible it is automatically put on.  If you think you are eligible but the cap-gap is not on your SEVIS record, speak with your International Student Advisor.

  How long will my OPT be extended?

  If you meet the eligibility requirements, your OPT or STEM OPT will be extended until April 1 of the fiscal year.

  What happens if my H-1B petition is withdrawn, denied, or rejected?

  If your H-1B petition is withdrawn, denied or rejected, your OPT work authorization will end on your original OPT end date, you will have a 60 day grace period to depart the U.S.

  Note: If the H-1B was denied due to discovery of an immigration status violation or revoked because of fraud or misrepresentation, there is no grace period.

  Can I travel outside the U.S. during the cap-gap extension?

  If your EAD card is still valid, you may travel outside and reenter the U.S. However, please consult with your immigration attorney regarding any travel plans while your H-1B petition is pending and after it has been approved.