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If a cap-subject employer of an F-1 student on OPT files a timely H-1B petition (requesting a change of status within the U.S.), and requests an employment start date of October 1, that student is permitted to continue working and may remain legally in the U.S. in F-1 status until the H-1B petition is approved, rejected, denied, or revoked. If the H-1B petition is approved, the immigration status change will occur on October 1.

• The cap-gap work authorization continuation only applies in cases where the H-1B petition is filed before the EAD expires.  If the EAD expires before the H-1B petition can be filed, but the student is still within the 60-day grace period, that student may remain in the U.S. in F-1 status until a decision on the H-1B petition is reached, but may NOT be employed.
   
• F-2 dependents (spouses and minor children) are eligible to remain in F-2 status during this time as well.
   
• Cap-gap extensions do not provide F-1 students with a new EAD cards. However, the OIS at UMB should issue an additional I-20 for you. (Use Sunapsis to submit a request for a Cap-Gap Extension I-20). DHS advises students with an expired EAD card not to travel out of the U.S. as they are not eligible to re-enter the U.S. and USCIS may consider the application to change from F-1 to H-1B as abandoned and will deny the change.
   
• If the H-1B petition is rejected, denied or revoked, the OPT cap-gap authorization will end 10 days later, and the student has a 60-day grace period to depart the U.S., change status, or begin a new program of study.
    
• If you have been sponsored for H-1B status by a cap-subject employer,  you will need to complete the Cap-Gap Extension e-form in , so the OIS can print a new I-20 for you--extending your F-1 status through September 30^th of that year.

Traveling while Employed on Cap-Gap Extensions

Traveling outside the U.S. may interfere with the processing of your H-1B petition. Please consult with your employer or employer's immigration counsel regarding all travel plans before departing the U.S.

Some information is available on the website of .