H-1B Employment

If you are an F-1 student planning to move into H-1B employment, there are new rules that may help you.

What Changed?

As of January 17, 2025, the Department of Homeland Security (DHS) updated the H-1B program. Before, the “cap-gap” (the time between the end of your F-1/OPT and the start of your H-1B job) only lasted until October 1. Now, it has been extended until April 1 of the same fiscal year.

This means if your employer files a timely H-1B petition for you, your F-1 status and work authorization can automatically continue all the way to April 1st giving you more time and fewer gaps.

What Is the Cap-Gap?

The “cap-gap” is the period between:
* When your F-1/OPT ends, and
* When your H-1B job officially starts.

The cap-gap rule lets you keep your F-1 status and work authorization, so you don’t fall out of status or lose your job while waiting for your H-1B to begin.

Who Qualifies?

You may be eligible if:
* You are still in valid F-1 status.
* You are on OPT or STEM OPT.
* You did not break any F-1 rules.
* Your employer filed an H-1B petition for you on time, requesting:
* A change of status (not consular processing), and
* A start date in the fiscal year for which H-1B is requested.

⚠️ If your H-1B petition is denied, withdrawn, rejected, or revoked, your automatic extension ends right away.

Next Step

Always check with your DSO (Designated School Official)to confirm your eligibility and make sure you meet all requirements and deadlines.