H-1B Cap-Gap Extension

If your employer files a timely, cap-subject H-1B petition requesting a change of status for the next fiscal year, you may qualify for the cap-gap extension. This benefit automatically extends your F-1 status, and in some cases your work authorization, so you can remain in the U.S. without interruption while waiting for your H-1B to begin.

Your F-1 status and any valid Post-Completion OPT or STEM OPT are automatically extended through April 1 of the requested fiscal year or until your approved H-1B start date, whichever comes first. This provides a longer extension period than the previous October 1 limit.


Eligibility

You are eligible if:

  • Your cap-subject H-1B petition is filed on time (before your OPT or grace period ends)
  • The petition requests a change of status (not consular processing)
  • The petition requests a start date in the next fiscal year
  • You maintained valid F-1 status at the time of filing

Important Considerations

  • If you have valid OPT or STEM OPT when the petition is filed, your status and work authorization are extended
  • If your petition is filed during your 60-day grace period, only your status is extended (you cannot work)
  • Your cap-gap extension ends immediately if your H-1B petition is denied, withdrawn, revoked, or the change of status is not approved

Request a Cap-Gap I-20

You may request an updated Form I-20 showing your cap-gap extension after your H-1B petition is filed.

  1. Log in to accessVIS through Limited Services, with your SBU ID, date of birth and Limited Services Pin.
  2. Select Employment & Training from the left menu.

  3. Submit the H-1B Cap-Gap Extension Request.

  • You'll be required to upload your H-1B receipt or approval notice, and your current EAD.

VIS typically processes requests within 5–7 business days. If your request is approved, you will receive a new I-20 showing your Cap-Gap Extension on the second page. Review it carefully, then print and sign it.

  • If you filed H-1B during OPT/STEM OPT authorization: your status and work authorization extend through April 1
  • If filed during your grace period: only your status extends (uou cannot work until your H-1B goes into effect.)

Transitioning to H-1B Status

You must report your change of status to VIS within 10 calendar days of your H-1B start date.

Change of Status in the U.S.
  • Your F-1 status automatically ends on your H-1B start date
Consular Processing
  • Your F-1 record remains active until your authorized stay ends
  • You must apply for an H-1B visa abroad and reenter the U.S. in H-1B status

Reporting your H-1B Status

  1. Log in to accessVIS through Limited Services, with your SBU ID, date of birth and Limited Services Pin.
  2. Select F-1 Student Services from the left menu.

  3. Submit the Ending F-1 Status.

  • Select the option that best describes your situation as Change/Adjustment of Status Approved.
  • Indicate new status as H-1B and your start and end dates.
  • Upload the following documents:
    • I-797 Approval Notice or H-1B visa stamp
    • I-94 (if you entered in H-1B status)
    • I-983 Final Evaluation (page 5, bottom portion, signed by your supervisor). This is for those previously on STEM OPT only.

VIS typically processes requests within 5–7 business days. You will receive an email confirmation once it is complete.


After Your Status Changes

  • Unused OPT or STEM OPT time cannot be recovered
  • Once your status changes to H-1B, your immigration status is no longer connected to Stony Brook University (unless you are employed by the State or Research Foundation). As a result, VIS cannot advise you on your H-1B responsibilities. You should contact your employer’s immigration attorney or HR for guidance.
  • You no longer need an I-20 for travel, but you should keep all previous I-20s for your records. These documents may be required for future immigration applications or benefits.