USCIS: Cap Gap for Students Without a H-1B Application Rejection or Decision

USCIS announced on May 3, 2017, that data entry for FY2018 has been completed and that petitions not selected in the lottery would begin to be returned. However, it may take several weeks for all unselected petitions to be returned. In the interim, for those cases where neither a receipt nor a rejection notice has been received, students may continue to benefit from an automatic cap-gap extension until a rejection notice is received. Once such a notice is received, a student has the standard 60-day grace period starting from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.


See more information: USCIS Q&A on OPT (Ext.) and CAP and GAP regulatons.

***THIS INFORMATION IS PROVIDED COURTESY OF AILA – of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a present Member of the AILA National.