What is an H1-B visa type?
The H-1B is a nonimmigrant status that allows temporary employment in "specialty occupations." The H-1B is an employer-sponsored nonimmigrant classification which allows persons who are not citizens or permanent residents of the U.S. to work in a specialty occupation for up to six years with very limited exceptions.
OIA's Associate Director for ISS, Becky Mirza advises on H-1B when UC Merced is the sponsoring employer. If the sponsoring employer is not UC Merced, we recommend you consult an immigration attorney.
What is a Cap Gap Extension?
The Cap-Gap extension is a federal regulation that allows certain F-1 students to maintain their status while transitioning from F-1 OPT or STEM OPT to an H-1B work visa. If you are on approved post-completion OPT or STEM OPT and your employer has filed a cap-subject H-1B petition on your behalf, your F-1 status and employment authorization may be automatically extended to cover the “gap” period between the end of your F-1 status and the start of your H-1B status.
This extension ensures you may legally remain in the U.S. and, if applicable, continue working during this period. Under the most recent H-1B rules, the Cap-Gap extension now lasts until April 1 of the fiscal year in which your H-1B status will begin.
Eligibility for a Cap Gap Extension
To be eligible for a Cap Gap extension, students must have a pending or approved H-1B petition requesting a change of status, and the petition must be filed before the end of their F-1 status or OPT/STEM OPT period.
The Cap-Gap extension is available to students whose H-1B was as a Change of Status and is on:
- Approved F-1 OPT or STEM OPT
- 60-day grace period and have a pending or approved change-of-status for a H-1B petition with USCIS which was filed prior to the expiration of their OPT/STEM or 60-day grace period.
Please be advised that if the employer filed your H-1B (change of status) petition and it is received by USCIS after your post-completion OPT/STEM OPT expires but during your 60 day grace period following OPT, your F-1 status and permission to remain in the U.S. are extended but you are not eligible to work.
Can I apply for STEM OPT Extension with Approved Cap-Gap?
F-1 students with an approved Cap-Gap extension on their SEVIS record remain eligible to apply for the STEM OPT Extension. However, you must apply for STEM OPT before your initial 12-month OPT EAD card expires and within the required USCIS filing timeline.
Please see our STEM OPT webpage for full details on eligibility and the application process.
When OIA issues your STEM OPT I-20, it will include a support letter explaining your Cap-Gap extension and requesting that USCIS approve your STEM OPT Extension based on your EAD dates.
Requesting a Cap Gap Extension
In order to request the Cap Gap extension, please email a copy of the following documents to your DSO at kveloz@ucmerced.edu:
- Your EAD card
- Your H-1B Receipt or Approval Notice.
If you do not yet have an H-1B Receipt Notice, You must upload the following three documents together in lieu of the H-1B Receipt or Approval Notice:
- I-797 receipt showing you were selected in the lottery
- A letter from your attorney confirming the filing of the H-1B petition and requesting a change of status
- Copy of the mail receipt.
**Please note that your DSO specializes in keeping you in your F-1 student status, for any specific questions regarding H-1B, please refer to an immigration attorney.
