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Cap Gap Extension

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.

 

Who Can Apply


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 must be the beneficiary of an H-1B change of status petition that has been filed either while your post-completion OPT is still valid, or within 60 days of your post-completion OPT expiration date;
  • Your employment start date must be October 1.

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.

 

How to Apply


Step 1

Update Information

Update your employer information and address on our OPT Reporting Form.

 

Step 2

Confirm your H-1B Status

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.

  • For a filed H-1B petition:
    • A statement from the employer that you are the beneficiary listed on a filed H-1B petition
    • Proof of delivery to a USCIS Service Center showing the date of receipt.
  • For a receipted or approved H-1B petition: 
    • A copy of the Form I-797 and/or the I-797 receipt number.

Ask your employer or attorney if you are not certain which category you fall into if you are not sure.

 

Step 3

Write and send an email to the OGS stating:

  • your employer's name and full address (what was used for your H-1B application)
  • the date you started your employment with your H-1B employer
  • your supervisor's name and contact number
  • your job title
  • your current mailing address, email address, and phone number

Your email should include these attachments:

  • a copy of your current I-94 record
  • a copy of your current passport expiration/biography page
  • a copy of your H-1B petition status (see step 2)
  • a copy of the FERPA Request Form.

Brooklyn School of Engineering Students, email your application to ogs.brooklyn@nyu.edu. All other NYU students, email your application to ogs@nyu.edu.

  • Your new I-20 will be ready within 2-3 weeks. We will email you once it's ready.
  • You must inform the OGS if your H-1B petition is denied or withdrawn.
  • The US government does not recommend travel outside of the US during the cap gap extension period. Consult with your attorney for guidance regarding any travel outside of the US.

Monday - Friday
9:00 am - 5:00 pm                                                                            Document drop off / pick up.

OGS Brooklyn will be closed at the following times due to new student check-in workshops:
Tuesday, 9/1 - 9:00 am -1:00 pm  

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