H-1B cap-gap extension of D/S and work authorization until October 1
Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.
The H-1B cap-gap extensions do not require the submission of Form I-765 or the payment of any fees. However, it is imperative that you keep in close contact with your employer and Immigration Services. Immigration Services may need to update your record in SEVIS to reflect your eligibility for the cap-gap extension as these notifications are not automatic. In order for Immigration Services to extend your status in SEVIS based on your eligibility for the cap gap, you will need to present proof that you are eligible for this extension.
On March 20, 2009, U.S. ICE issued an important and useful Fact Sheet providing information on the process for cap-gap eligible F-1 OPT students and/or their employers.