FAQs for H1-B Lottery and Cap-gap Extensions

When an F-1 student on OPT or STEM OPT applies for a change of visa status to H1-B in a timely fashion, they are eligible for a cap-gap extension of their OPT. A cap-gap extension of the OPT authorization starts on the day after the current OPT expiration and extends the OPT authorization until September 30. The H1-B visa status takes effect on October 1. Here are some answers to frequently asked questions.

1.  Can you tell me the status of my H1-B application?

No. We don’t receive information from USCIS about your H1-B application. Neither your case status nor case number appears in SEVIS. What you see in your SEVIS portal is what is in SEVIS. The H1-B application is between you and your employer. The ISO is not involved. When you transition from the F-1 visa to the H1-B, your employer becomes your sponsor and the University will no longer have jurisdiction over your visa status. Please ask your employer or your immigration attorney any questions about your H1-B application. If you did not personally receive the I-797C receipt notice with your assigned case number, then the attorney who filed the H1-B petition should have your case number. You can track your case status online at www.uscis.gov. 

2.  Can you check the status of my SEVIS Record?

Are you asking whether a cap-gap extension appears in your SEVIS record? This is the only thing we can check for you. If you would like us to reprint your I-20 with the cap-gap extension, please email iso@newhaven.edu. 

If you need to reset your portal access, email iso@newhaven.edu with the email address you wish SEVIS to send the reset link.

3.  I filed for the H1-B, but the cap-gap extension doesn’t appear on my SEVIS record. 

The cap-gap extension should automatically appear in your SEVIS record if you have a timely-filed H1-B petition. Your employer should have filed this on April 1. If your employer waited too long, it will not be timely-filed and you will not be eligible for the cap-gap extension. If the cap-gap extension does not show in SEVIS, we can request a data fix based on evidence to have it appear in SEVIS. To request a data fix, you must submit a copy of the I-797 receipt notice proving you filed the H1-B petition in a timely manner. Email iso@newhaven.edu a scan of the I-797 receipt notice, and we will submit the request to SEVP. SEVP will review the evidence and make a judgment on your request. If approved, SEVP will add the cap-gap extension to your SEVIS record, and then we can print out an I-20 with the cap-gap extension on it.

4.  What happens to my cap-gap extension if my H1-B petition is not selected in the lottery?

If your H1-B is not accepted in the lottery and your petition is then denied, the cap-gap extension will terminate. In this case, your OPT authorization will end either on its original end date (if it has not yet passed) or upon denial of your petition (if the original end date has passed). There is no grace period following the termination of a cap-gap extension.

ISO encourages students to have alternate plans because there is a strict limit as to how many H1-B petitions are accepted. Many petitions are denied simply because the limit was reached and they were not selected. An H1-B petition, even if selected in the lottery, must be adjudicated by USCIS, so there is no guarantee the petition will be approved.

5.  What happens if after September 30 I find out the pending H1-B petition is denied?

Per new USCIS guidance, any student who has a pending H1-B receipt past September 30th, upon denial, will have their record automatically completed and backdated to September 30th. The student will not be awarded a 60-day grace period. If you have a pending H1B receipt but would still like the option of transferring your record to a new University if the H1B is denied, you must submit transfer paperwork prior to September 30th.