Does your employer have questions about the cap-gap extension rule?
Please download this USCIS fact sheet (March 2009) for your employer, if they would like more information regarding this type of OPT extension.
If you are currently on OPT and your company has sponsored you
for an H-1B visa (fiscal year 2010), you may be eligible for a
"Cap-Gap" extension on your OPT. The length of a cap-gap extension
will depend on the current status of your H-1B petition.
Because not all students are eligible for the cap-gap, do
not assume that the cap-gap extension is a guaranteed extension of
your OPT, nor that you can automatically continue working if your
OPT has already expired.
If you have filed an H-1B petition in a timely manner, please
contact an international student advisor to talk about your
eligibility for the cap-gap extension. Note: If you are eligible,
please provide an international student advisor with a copy of your
H-1B receipt or approval notice, and a new I-20 will be printed for
you. The OIP is not automatically notified of students on OPT who
have applied for H-1B visas, so please let us know if you would
like a new I-20.
Please note: The U.S. government makes a limited number of H-1B's
available each year, but there are exceptions for certain employers
who are not subject to this limit or "cap." If your H-1B petition
will be submitted by a "cap-exempt" employer, the "cap-gap"
extension does not apply to you. Such cap-exempt employers include
higher education (universities), certain non-profits related to or
affiliated with higher education, and certain non-profit or
research organizations within the government.
For more information on the Cap-Gap rule, please go to the USCIS.gov website and search for the word
"cap-gap." If you have any questions about your eligibility, please
visit with an international student advisor in the OIP.