H-1B cap-gap calculator
Many F-1 students are selected in the H-1B lottery during OPT or STEM OPT, but their OPT EAD expires before the H-1B takes effect, leaving a "gap" in between (the cap gap). Eligible students can rely on the cap-gap extension, which automatically extends F-1 status and, in many cases, allows them to keep working until the H-1B takes effect.
The H-1B modernization rule effective January 17, 2025 changed the length of the cap-gap extension: from "extended to October 1" to "extended to April 1 of the fiscal year or the H-1B start date, whichever is earlier." Enter the dates below and the calculator will work out the latest date your cap-gap extension can run to, and whether you can work during that time.
How to use it
- Enter the expiration date on your current OPT or STEM OPT work permit (EAD).
- Enter the H-1B petition filing date, which is the Received Date on the I-797 receipt.
- Enter the start date requested on the H-1B petition, usually October 1.
- Choose whether the H-1B petition requests a Change of Status. Petitions requesting only consular notification do not qualify for cap-gap.
Calculation rules and legal basis
| Item | Rule | Basis |
|---|---|---|
| Length of extension | F-1 status and OPT work authorization are automatically extended to April 1 of the fiscal year for which H-1B status is requested, or the approved H-1B start date, whichever is earlier | 8 CFR 214.2(f)(5)(vi) (effective January 17, 2025) |
| Eligibility | Your employer timely filed a cap-subject, nonfrivolous H-1B petition for you requesting a change of status | 8 CFR 214.2(f)(5)(vi) |
| OPT still valid at filing | Both status and work authorization are extended | 8 CFR 214.2(f)(5)(vi) |
| In the 60-day grace period at filing | Only F-1 status is extended, with no work authorization | 8 CFR 214.2(f)(5)(vi); 8 CFR 214.2(f)(5)(i) |
| Grace period already over at filing | F-1 status has ended and cap-gap does not apply | 8 CFR 214.2(f)(5)(i) |
| End of the extension | The cap-gap extension ends if the H-1B petition is rejected, denied, withdrawn or revoked, or if the change of status request is denied or withdrawn; there is generally a separate 60-day grace period to depart (except for denials based on a status violation, misrepresentation or fraud) | 8 CFR 214.2(f)(5)(vi) |
How the fiscal year works: the U.S. federal fiscal year begins on October 1 each year. For example, an H-1B with a start date of October 1, 2026 belongs to fiscal year 2027 (FY2027), and cap-gap runs at the latest to April 1, 2027; if the H-1B takes effect before then, it runs until the start date. The calculator determines the fiscal year automatically from the start date you enter.
Policy note: the new F-1 "duration of status (D/S)" rule issued in 2026 was originally scheduled to take effect on September 15, 2026, but has been put on hold by a federal court preliminary injunction (as of October 2026). If the rule takes effect, rules such as the grace period will change. Watch for notices from your school's international student office, and check current USCIS rules.
What the new rule changed
Before January 17, 2025, the cap-gap extension ran only until October 1, the usual H-1B start date. If the H-1B petition had not been approved by then, the student lost the cap-gap extension and work authorization and had to stop working while waiting for approval. The new rule extends the latest date to April 1 within the fiscal year, giving USCIS more time to adjudicate and reducing these interruptions.
Note that H-1B rules (including the selection process and fees) have changed frequently in recent years. Verify the latest USCIS rules before filing rather than relying only on past experience.
Reading the results
- The OPT EAD itself runs past the H-1B start date: there is no gap and you do not need to rely on cap-gap.
- OPT valid at filing: both status and work authorization are extended to the calculated date.
- In the grace period at filing: status is extended, but you cannot work during that time.
- Grace period already over at filing, or no change of status requested: cap-gap does not apply, and other arrangements are needed.
Your school's Designated School Official (DSO) can update your I-20 in SEVIS to note the cap-gap extension, which serves as documentation of your work eligibility for your employer.
Common questions
Can I travel abroad during cap-gap?
Generally not recommended. Leaving the U.S. is usually treated as abandoning the change of status request; even if the H-1B is approved, you would need to apply for an H-1B visa at a U.S. embassy or consulate before reentering, and after your OPT expires you may not be able to return in F-1 status to continue working. Consult an attorney and your school's DSO before traveling.
My H-1B received a Request for Evidence (RFE). Is cap-gap still valid?
As long as the petition is still pending and has not been denied, withdrawn or revoked, the cap-gap extension generally remains valid, at the latest until April 1 of that fiscal year (or, if the petition is approved, until the approved start date, whichever is earlier). Respond to the RFE promptly to avoid a denial.
What if my H-1B has not taken effect by April 1?
The cap-gap extension runs at the latest to April 1 of that fiscal year. If the H-1B has not been approved or taken effect by then, the transition of your status and work authorization needs to be evaluated specifically; we recommend discussing it with an attorney and your employer in advance.
Can a pending STEM OPT extension and cap-gap apply at the same time?
They are different rules: if you timely filed a STEM extension, you may continue working for up to 180 days after your original EAD expires; cap-gap, by contrast, is based on the H-1B petition. Both may be relevant at once, with different conditions and deadlines, so ask your DSO or an attorney to check against your dates.
Related reading
- OPT / STEM OPT timeline calculator
- H-1B specialty occupation work visa guide
- F-1 student visa, OPT and STEM OPT guide
OPT about to expire, H-1B still pending, and not sure whether you can keep working? Book an attorney review.
Results are for reference only and are not legal advice. Specific dates are subject to your school DSO's arrangements and the latest USCIS rules.