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 US), and requests an employment start date of October 1, that student is permitted to continue working and may remain legally in the US 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.
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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 US in F-1 status until a decision on the H-1B petition is reached, but may NOT be employed.
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F-2 dependents (spouses and minor children) are eligible to remain in F-2 status during this time as well.
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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 US as they are not eligible to re-enter the US and USCIS may consider the application to change from F-1 to H-1B as abandoned and will deny the change.
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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 US, change status, or begin a new program of study.
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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 of that year.
Traveling while Employed on Cap-Gap Extensions
Traveling outside the US 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 US.
Some information is available on the website of .