US Visas: Cap-Gap extension rules for F-1 students awaiting H-1B approval

Current regulations allow certain students with a pending or approved cap-subject H-1B petition to remain in F-1 status during the cap-gap period. This is called filling the ‘cap gap,’ meaning the regulations provide a way of filling the ‘gap’ between the end of F-1 status and the beginning of H-1B status that might otherwise occur were F-1 status not extended for qualifying students.

The cap-gap period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on October 1, the required start date of the H-1B cap-subject petition filed on their behalf if seeking cap-gap authorization.