The government has provided an extension of work authorization or legal stay for students on post-completion OPT, known as the "cap gap" extension, who filed a timely application for an H-1B with an October 1 start date. This does not apply if your employer has filed for consular processing. Your employer may ask you to request an I-20 from the OGS so that your work eligibility form (Form I-9) can be updated.
First, confirm with your employer that the organization is not considered exempt from the H-1B quota. Students who work for exempt employers are not eligible for an OPT extension. Your employer should also make sure you qualify for the H-1B cap-gap extension:
You and your employer or attorney must review the cap-gap extension information at the US Citizenship and Immigration Services website.
You must not have violated the terms or conditions of your F-1 status while on OPT. Contact us if you have any concerns.
Update your employer information and address on our OPT Reporting Form.
Consult with your attorney or employer in order to confirm your H-1B petition status and get proof of your pending change of status application.
Ask your employer or attorney if you are not certain which category you fall into if you are not sure.
Your email should include these attachments: