H-1B Cap-Gap Extension of F-1 Status and Authorized Period of OPT until October 1
A student on OPT, who is the beneficiary of a timely filed cap-subject H-1B petition where the employer is requesting an employment start date of October 1st, and where the employer is requesting to change the student's status from F-1 to H-1B within the U.S.* is eligible for an extension of his or her F-1 student status and authorized period of OPT until September 30th of the fiscal year immediately preceeding the requested October 1st start date of the H1B petition.
* Students who are the beneficiary of a timely-filed H1B petition filed for consular notification do not receive the H1B Cap-Gap extension.
The extension of F-1 status and authorized period of OPT would automatically end upon the rejection, denial, withdrawal or revocation of the H-1B petition filed on the student's behalf.
While this H-1B cap-gap extension does not require the submission of Form I-765 or the payment of any fees, students should request an updated I-20 with H-1B cap-gap notations from the Immigration Services Office at UMMS.
The Immigration Services Office may need to update a student's record in SEVIS to reflect eligibility for the cap-gap extension as this process is often not automatically done. In order for Immigration Services to request the updated Form I-20, students should provide a copy of the H1B receipt or approval notice to their Immigration Specialist at UMMS.
For more information on extension of Post Completion OPT and F-1 status for eligible students under the H1B Cap-Gap Regulations, visit USCIS' website.
Optional Practical Training - STEM Extension - Report OPT Employment