My OPT already ended and I was in the 60-day F-1 grace period when my employer filed a cap-subject H-1B change of status. Does cap-gap let me work again?

Q: My OPT already ended and I was in the 60-day F-1 grace period when my employer filed a cap-subject H-1B change of status. Does cap-gap let me work again?

A: No. A qualifying cap-gap filing can extend your F-1 status during the gap, but if your OPT work authorization had already ended when the H-1B petition was filed, there is no employment authorization to extend. You can remain in status under the cap-gap rules if you qualify, but you cannot restart work just because of the cap-gap.

Source: USCIS Policy Manual, Vol. 2, Part F, Ch. 5: https://www.uscis.gov/policy-manual/volume-2-part-f-chapter-5

Need help with a U.S. immigration matter?

Mailing Address
3019 Edgewater Dr #2056
Orlando, FL, 32804
Contact

Yoni@RubinVisa.com

US: +1 305 204 1035

This website is operated by Rubin Immigration LLC. Prior results do not guarantee a similar outcome. Contacting us does not create an attorney-client relationship and does not constitute legal advice. Licensed in New York. Practice limited exclusively to U.S. immigration and nationality law. Attorney Advertising.

 © 2026. All Rights Reserved.