If you are an international student in F-1 status who recently graduated, you may be applying for Optional Practical Training (OPT), a 24-month STEM OPT extension, or an H-1B visa. However, many students face an important question — what happens if your OPT work authorization expires before your H-1B employment begins on October 1?
That’s where the OPT Cap-Gap rule comes in. This immigration provision allows eligible F-1 visa holders to maintain lawful status in the U.S. when they have a pending, approved, or selected H-1B petition. Below, the immigration attorneys at Green Card Link explain the cap-gap regulation, eligibility criteria, and key requirements.
Who Qualifies for the OPT Cap-Gap Extension?
Students whose OPT work authorization is about to expire may qualify for the cap-gap extension if they have a “timely-filed” H-1B petition under the annual cap.
The H-1B visa is a temporary, employment-based visa for professionals in specialty occupations—positions that typically require at least a bachelor’s degree in a specific field. Each fiscal year, 65,000 H-1B visas are available under the regular cap, with an additional 20,000 slots reserved for applicants who hold a U.S. master’s degree or higher from an accredited institution.
Applicants working for nonprofit research institutions or universities are exempt from these numerical limits. Moreover, the H-1B cap does not apply to petitions involving extensions or employer changes.
Under the OPT Cap-Gap rule, eligible F-1 students can continue to stay and work legally in the U.S. even after their OPT expires, bridging the period until their H-1B status begins on October 1. This rule effectively “fills the gap” between the end of OPT and the start of the H-1B employment period.
What Does “Timely-Filed” Mean?
To qualify for the cap-gap extension, your H-1B petition must be filed during the official H-1B cap registration window and while your F-1 duration of status remains valid. This includes time spent in your academic program, approved post-completion OPT, or the 60-day grace period following OPT expiration.
For example, if the registration period runs from March 1 to March 18, your sponsoring employer must submit the H-1B registration within that timeframe. If your registration is selected in the lottery, your employer must then file Form I-129 on your behalf with the appropriate fees and supporting documentation demonstrating your eligibility.
If your petition is filed late or while your F-1 status has expired, USCIS will deny the application, and you will not qualify for the cap-gap extension.
When Does the Cap-Gap Extension Begin?
The cap-gap period begins once the H-1B petition is filed and remains in effect until the petition is adjudicated.
If the petition is selected and approved, your F-1 OPT authorization will automatically be extended through September 30 — the day before your H-1B status takes effect. However, if the petition is withdrawn, revoked, or denied, your extension will immediately terminate, and your lawful stay will end.
What Happens If My H-1B Petition Is Not Selected?
If your H-1B petition is not chosen in the lottery or denied, you still have options. F-1 students typically receive a 60-day grace period starting from the date of the denial or the OPT expiration date — whichever occurs later — to prepare for departure, transfer to another academic program, or change to another status.
At Green Card Link, its immigration attorneys have guided numerous clients through complex H-1B filings and cap-gap scenarios, ensuring their continued legal stay and employment authorization in the United States.
H-1B Visa Fees and Cost Breakdown
The H-1B registration fee is $10, paid by the employer. However, there are several other fees associated with filing the full petition. Employers are legally required to cover almost all H-1B filing costs, with limited exceptions for premium processing and consular visa fees, which may be paid by the employee if agreed upon.
Fee Type | Amount | Responsible Party |
Registration Fee | $215 | Employer |
Premium Processing (optional) | $2,805 | Employer or Employee |
Public Law 114-113 Fee (for companies with 50+ employees) | $4,000 | Employer |
Basic Filing Fee | $780 ($460 for small employers and nonprofits) | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education & Training Fee | $750 (<25 employees) / $1,500 (>25 employees) | Employer |
Attorney Fee | Variable | Employer |
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have a proven track record of success in obtaining H-1B approvals, including for startup employers and complex cap-gap cases. The firm provides personalized immigration guidance to students, professionals, and employers navigating the H-1B process.
To help prospective clients get started, Green Card Link offers free consultations for qualifying individuals and businesses seeking assistance with employment-based visa petitions.
If you are unsure whether you qualify for the OPT Cap-Gap extension or need help filing your H-1B petition, contact Green Card Link today to discuss your options with an experienced immigration attorney.