If you are an F-1 student planning to transition to H-1B employment, recent changes to the H-1B program may directly impact you. 

As of January 17, 2025, DHS implemented a final H-1B rule that extends the cap-gap extensions of eligible F-1 students from October 1 to April 1 of the relevant fiscal year. The cap-gap period previously ended on October 1. With this extension, the cap-gap period now ends April 1 of the relevant fiscal year. This rule will be applied to eligible F-1 students who are a beneficiary of a timely filed H-1B cap-subject petition beginning with the FY 2026 H-1B registration period. 

What Is the Cap-Gap Extension? 

The “cap-gap” refers to the period between the expiration of an F-1 student’s program of study (or optional practical training (OPT) and the start of H-1B employment. To bridge this period, DHS has historically allowed an automatic extension of F-1 status and employment authorization for students with a timely filed cap-subject H-1B petitions, but only up to October 1. 

What Has Changed? 

Under the new H-1B rule, the cap-gap extension has been expanded. Eligible F-1 students may now receive an automatic extension of both their F-1 status and work authorization until April 1 of the fiscal year for which the H-1B petition is filed. This change is intended to provide added flexibility for foreign students and prevent disruptions in lawful status or employment authorization that may occur due to delays in USCIS adjudication or processing timelines. 

Who Is Eligible? 

You may qualify for extended cap-gap if: 

• You are in a valid period of F-1 status (to be eligible for an extension of employment you must be in a valid period of post-completion OPT or science, technology, engineering and mathematics (STEM) OPT.
• You have not violated the terms or conditions of your immigration status.
• You are a beneficiary of a timely filed cap-subject H-1B petition that requests the following:
  • A change of status to H-1B and not consular processing; and
  • An employment start date in the fiscal year for which such H-1B status is being requested 

If the H-1B petition is denied, withdrawn, rejected or revoked, the automatic cap-gap extension is terminated immediately. In such cases, the foreign student is no longer authorized to work in the United States under F-1 status and has a 60-day grace period to prepare for departure.

For further guidance, consult your designated school official to ensure you meet all requirements and deadlines.