OPT Unemployment Days Tracker

H-1B cap-gap extension and OPT

What the cap-gap extension does

Under 8 CFR 214.2(f)(5)(vii), the F-1 status and OPT work authorization of a student who is the beneficiary of an H-1B petition subject to the cap and requesting a change of status is extended automatically. The extension runs until April 1 of the fiscal year for which H-1B status is requested, or until the validity start date of the approved petition, whichever is earlier.

The petition has to be timely filed, request an H-1B start date in that fiscal year, and be nonfrivolous. The student must not have violated the terms of F-1 status.

When it ends early

The automatic extension ends if the H-1B petition is rejected, denied, revoked or withdrawn, or if the request for a change of status is denied or withdrawn, even when the petition is approved for consular processing.

In SEVIS

The SEVIS Help Hub says SEVIS extends post-completion OPT or the STEM OPT extension automatically when the criteria are met, and the DSO adds the cap-gap information to the record. The unemployment counter works from employer information, so a job that carries into the cap-gap period needs an end date that matches when it actually ends, or no end date while it continues. Details on the counter are in how SEVIS counts unemployment days.

Updated: November 4, 2026

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