About H-1B

The H-1B is a nonimmigrant status  that permits temporary employment in “specialty occupations” . Many H-1B petitions are subject to a “Cap”. The cap refers to the limit of H-1B visas allowed per federal fiscal year (FY). A fiscal year begins on October 1st and ends on September 30th of the following year. Current regulations set the cap at 65,000 H-1B visas for the entire country. To check the latest cap count please visit the USCIS website.(link is external) Most private industry employer petitions are subject to the cap. Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap. 

About the OPT Cap-Gap Extension

Cap-Gap extension is a regulatory provision that extends the authorized stay of an eligible F-1 student to bridge the gap between the end of F-1 OPT or OPT STEM work authorization and the commencement of cap-subject H-1B status, allowing the student to remain in the US during this transitional period.

What is the H-1B Cap? 

The H-1B cap denotes the maximum number of H-1B visas permitted each fiscal year, which currently stands at 65,000. The fiscal year commences on October 1, marking the availability of a new set of 65,000 H-1Bs. Additionally, 20,000 beneficiaries of H-1B petitions filed for new employment or for a change of employer are exempt from being included in the H-1B cap if the beneficiary holds a master’s degree or higher from a U.S. institution of higher education. Further details can be found on the USCIS H-1B website.

Please note that not all H-1B visas are subject to the cap. An individual may qualify for exemption from the H-1B cap if they are employed or have received a job offer from a qualifying institution, which includes an institution of higher education, a nonprofit entity related to or affiliated with an institution of higher education, a nonprofit research organization, or a government organization.

What is the H-1B annual timeline for cap subject H-1B?

Employers seeking to submit a cap-subject H-1B petition must initially register during the registration period, typically in March, and designate and pay a $10 registration fee for each individual they intend to petition for. Subsequently, USCIS will conduct a lottery from all received registrations and inform employers of the selected beneficiaries by March 31. Upon notification, employers will have a 90-day period starting April 1 to file a complete H-1B I-129 petition. An employer cannot file a cap-subject H-1B petition for any beneficiary whose registration was not chosen in the registration lottery. For current timelines, please refer to the USCIS H-1B Electronic Registration Process website.

The effective start date of these H-1B petitions will be October 1, coinciding with the beginning of the H-1B fiscal year. This means that the H-1B status cannot take effect before that date.

Eligibility for the OPT Cap-Gap Extension

The OPT Cap-Gap extensions is available to students who, are either on approved F-1 OPT or STEM OPT or in their 60-day grace period and have a pending or approved change-of-status for an October 1st cap-subject H-1B petition with USCIS which was filed prior to the expiration of their OPT/STEM or 60-day grace period.

Please be aware that the H-1B registration procedure varies from the H-1B Change of Status filing process. To qualify for the F-1 OPT Cap Gap Extension, the employer should have submitted Form I-129 for Change of Status with an employment start date of October 1, and the I-129 submission must be received by USCIS before the expiration of the OPT/STEM EAD or the 60-day grace period.

Individuals applying for H-1B through consular processing are ineligible for the Cap-Gap Extension. It’s crucial to verify with your employer whether the H-1B application will be filed under “Change-of Status” or through “Consular Processing.” You might be eligible for one of two Cap-Gap extension benefits.

• If the employer files your H-1B (change-of-status) petition and it is received by USCIS prior to the expiration of your post-completion OPT, you qualify for an extension of your OPT employment authorization.
• If the employer submits your H-1B (change-of-status) petition and it is received by USCIS after your post-completion OPT expires but during your 60-day grace period following OPT, your F-1 status and permission to remain in the US are extended, but you are not eligible for employment.

Apply for an OPT Cap-Gap Extension I-20

your employer has filed and received a receipt for your H-1B petition (including change-of-status) with USCIS, you qualify for an automatic Cap-Gap extension I-20 until September 30th. To request this Cap-Gap extension I-20, please access the “H-1B Cap Gap Extension I-20 Request” in your SSU Hub. You will be prompted to upload the following documents:

• Your 12 Month EAD or STEM EAD card, if not already submitted,
• A copy of the USCIS I-797 Receipt or Approval notice for the I-129 filing

You will select your preferred Delivery Method (Express Mail, USPS Airmail, or Pick Up). This process typically requires approximately 5 business days.

Petitions that have been filed but not yet receipted: SEVIS currently does not permit Cap Gap Extensions for applications that have not been selected for processing and receipted.

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