“Cap Gap” Extension and Travel Regulations

Each October 1^st, new H-1Bs become effective, but the application period for most employers begins six months earlier, April 1^st. The period of time between April 1^st and October 1^st each year when many F-1 students experience a gap from the end of their OPT (Optional Practical Training) employment authorization to the start date of their H-1B employment is referred to as “cap gap.” As there is an annual numerical limitation, or cap, on new H-1B petitions that can be filed in a fiscal year, this ‘rule’ was created by the US Citizenship & Immigration Services (USCIS) in 2008 with purpose of bridging this time gap. During this gap, many F-1 students have various questions about traveling abroad and the limitations that may apply to students with cap-gap benefits.

Although the cap gap extension was put in place to benefit students, F-1 students traveling internationally will more than likely lose their cap-gap benefits. This is because under the USCIS regulation any change of status request is considered abandoned once the beneficiary departs the United States. Therefore, a student in cap-gap status who chooses to travel outside of the United States during the extension period will be unable to return to the US in F-1 status and resume the benefits of cap-gap. In order to return to the US, the student would need to apply for an H-1B visa at a consular post abroad and upon being granted an H-1B visa, would be able to enter the US on or after September 21^st.

If an F-1 cap-gap beneficiary student must travel over the summer, it is best that the student plan to travel in September, considering that an H-1B beneficiary with a valid H-1B visa may enter the US up to 10 days prior to the H-1B start date (Oct 1^st).

We do not advise F-1 students to travel outside of the US during his or her cap gap extension, because he or she will not be able to return to the US in a valid F-1 status, even if their H-1B has been approved. Under these circumstances, it is best to just wait until the October 1^st start date, and adjust your plans accordingly.

Sharma Law Offices, LLC is a highly rated boutique immigration law firm operating out of Atlanta, Georgia and represents clients throughout the United States. Our Atlanta immigration attorneys always strive to educate our clients with the most up-to-date information.