Traveling During a Cap-Gap Extension: What Happens to Your H-1B Status?

Published: March 17, 2025

Many F-1 students pursue their careers in the US due to the ample employment opportunities available in the country. Switching from an F-1 to an H-1B visa is one way to remain and work in the US for a more extended period after graduation. 

The validity period of H-1B visas is initially three years, with the possibility of extension up to six years. However, those with a pending US permanent resident application can extend their H-1B status to more than the typical six-year limit under certain conditions. 

Maintaining legal status for the entire duration is particularly crucial when applying for lawful permanent residency. Yet, there are situations where one’s F-1 status ends before the H-1B petition gets approved. 

F-1 students with a pending or approved cap-subject H-1B petition can be eligible for a cap-gap extension. It’s a provision that preserves the status of eligible students awaiting H-1B approval from F-1 status. Learn how the cap-gap extension works and the potential impact of traveling during this period. 

Overview of the Cap-Gap Extension

The cap gap typically begins when an F-1 student’s OPT or STEM OPT authorization expires and lasts until September 30. At this point, the H-1B status starts on October 1 for eligible students with approved H-1B petitions. 

Current regulations provide an extension that lets qualified students stay in F-1 status during the cap-gap period. It intends to bridge the gap between the expiration of F-1 status and the H-1B visa start date. Specifically, the cap-gap extension is available to the following students: 

• Those are either on approved F-1 OPT or STEM OPT
• Those who have a pending or approved H-1B change of status within their 60-day grace period
• Those with nonfrivolous H-1B petitions filed before the end of their OPT/STEM or 60-day grace period.

It’s worth noting eligibility applies on the date USCIS receives the Petition for a Nonimmigrant Worker from the prospective employer. This is because the petition must satisfy the eligibility criteria in effect when filing. For instance, the H-1B petition must specify the student’s name as a beneficiary. 

Potential Impact of Traveling During the Cap-Gap Period

Although the cap-gap period authorizes eligible students to remain and sometimes secure employment in the US, it presents some complexities, particularly concerning traveling outside the country. Learn the impact of traveling abroad during the cap-gap period below. 

Abandonment of change of status

USCIS will consider the request for a change of status abandoned if you travel abroad while your H-1B petition is pending. As a result, you cannot automatically switch from F-1 to H-1B status on the start date of your approved petition. In that case, you must secure an H-1B visa at a US consulate abroad before reentering the country. 

Loss of work authorization

USCIS does not provide Employment Authorization Document (EAD) renewals or new EADs for cap-gap. In this situation, your employment authorization is extended due to the pending H-1B application.

Employers will accept your expired EAD as proof of work authorization during the cap-gap period, but only when accompanied by acceptable documents, such as the receipt notice or approval notice for the petition from the USCIS.

Moreover, you can qualify for the cap-gap extension if you file your H-1B petition before your OPT expires. This allows you to continue working in F-1 status until the H-1B becomes effective, usually on October 1. But that only applies if your OPT is still valid when filing.

During this time, you may travel abroad and reenter the US in limited circumstances. However, leaving the US before the H-1B change of status makes reentry as an F-1 student challenging under the cap-gap provisions.

Delays or denials

Those with cap-gap extensions whose H-1B petitions are denied, rejected, revoked, or withdrawn have a 60-day grace period from the notification date to depart the US. This doesn’t apply to cases of denial as a result of status violation, fraud, or misrepresentation, which requires immediate departure from the US. 

Consult ALG Lawyers to Preserve Eligibility

Traveling abroad before H-1B approval can interfere with the processing of your petition. Doing so may negatively impact your ability to re-enter the US, or USCIS may consider the petition abandoned, depending on the specific circumstances. 

As such, it’s typically prudent to discuss your international travel plans with your employer and seek guidance from a trustworthy Los Angeles immigration lawyer. Connect with ALG Lawyers to carefully evaluate your options and preserve eligibility for H-1B status. Our team can advise you on the appropriate travel and necessary supporting evidence for reentry.