Template — US — Attorney-reviewed
Cap-gap extension employer letter for H-1B
The cap-gap extension allows an F-1 student on OPT to continue working legally between the expiration of OPT and the October 1 start date of an approved H-1B petition. The extension is automatic upon a timely filed H-1B petition, but the student's SEVIS record must be updated by the DSO, and the employer must provide a letter confirming the H-1B filing and the continued employment relationship. This template structures that employer confirmation letter.
Who this template is for
- Employers who filed an H-1B petition for a current F-1 OPT employee and need to confirm cap-gap status.
- F-1 students whose OPT expires before October 1 and whose employer needs a letter template for the DSO.
- HR departments drafting cap-gap documentation for compliance audits.
- Students in regular or premium processing H-1B petitions with an October 1 start date.
Annotated template
The employer should print this letter on company letterhead and sign it in ink. Replace bracketed fields.
CAP-GAP EXTENSION EMPLOYER LETTER [Employer name] [Employer address] [Employer E-Verify number] [Date] To: [University DSO name] [University name] [DSO office address] Re: Cap-gap extension for [Student full name] — SEVIS ID [NXXXXXXXX] 1. STUDENT EMPLOYMENT DETAILS Student name: [Full name] SEVIS ID: [NXXXXXXXX] Current job title: [Title] Department: [Department] Employment start date: [DD MMM YYYY] OPT expiry date: [DD MMM YYYY] 2. H-1B PETITION FILING [Employer name] has filed a Form I-129, Petition for a Nonimmigrant Worker, on behalf of [Student name] in the H-1B cap-subject category. USCIS receipt number: [XXX-XXX-XXXX] Date filed: [DD MMM YYYY] Requested start date: October 1, [YYYY] Job title under H-1B: [Title] Prevailing wage level: [Level I / II / III / IV] 3. CAP-GAP CONFIRMATION Because the H-1B petition was filed before the student's OPT expiry date of [DD MMM YYYY], [Student name] is eligible for the cap-gap extension under 8 CFR §214.2(f)(5)(vi). [Employer name] confirms that: • The student will continue in the same or a similar job duties until September 30, [YYYY]. • The student's employment remains authorised under the cap-gap provisions. • The student will transition to H-1B status on October 1, [YYYY], upon approval of the petition. 4. EMPLOYER COMMITMENTS [Employer name] commits to: • Notify the DSO within 10 business days if the H-1B petition is denied, withdrawn, or revoked. • Maintain accurate payroll and employment records for the cap-gap period. • Comply with all USCIS and DOL requirements for the H-1B petition, including the Labor Condition Application (LCA). 5. CONTACT For questions about this letter or the H-1B petition, contact: [HR representative name] [Title] [Email] [Phone] Sincerely, [Employer representative signature] [Printed name] [Title] [Date]
Annotation — Timely filing: The cap-gap extension is only available if the H-1B petition was filed while the student's OPT was still valid. If the petition was filed after OPT expiry, the student loses work authorization and must leave the US or change status. See USCIS — OPT for F-1 Students.
Annotation — DSO update: The cap-gap extension is not automatic in SEVIS. The DSO must update the student's record after receiving the employer letter and the USCIS receipt notice. The student should request an updated I-20 with the cap-gap notation. See USCIS Policy Manual — Practical Training and Cap-Gap Extension.
Annotation — LCA requirement: The H-1B petition must include an approved Labor Condition Application (LCA) from the Department of Labor. The LCA must be posted at the work site before the H-1B start date. The employer letter does not replace the LCA but confirms that the LCA process is underway.
Worked example
Employer L filed an H-1B petition (receipt EAC-26-123-45678) for Student M, a Software Engineer whose OPT expires June 15, 2026. The employer letter confirms the April 2 filing date and October 1 start date, then goes to the DSO at University O with the I-797C receipt. The DSO updates SEVIS and issues an updated I-20 with cap-gap notation, covering June 15 through September 30, 2026.
Common mistakes
- Filing the H-1B petition after the OPT expiry date — this voids cap-gap eligibility.
- Not notifying the DSO promptly after the H-1B filing — SEVIS must be updated before the OPT expiry.
- Continuing to work after a denied or withdrawn H-1B petition without changing status.
After the letter: timeline and edge cases
Once the DSO updates SEVIS, the student should receive an updated Form I-20 annotated for cap-gap employment authorization, valid through September 30. Keep that I-20 with payroll records — it is the document an employer relies on during I-9 re-verification for the gap period. If the H-1B petition is approved, employment authorization simply continues under H-1B from October 1. If the petition is denied, withdrawn, or revoked after OPT has already expired, cap-gap authorization ends: employment must stop, and the standard post-completion grace period applies from that point.
Two edge cases cause most problems. First, petitions filed after the OPT end date get no cap-gap protection at all — the letter cannot cure a late filing. Second, international travel during the gap period carries risk: an F-1 student generally cannot re-enter the US in cap-gap status to resume employment until the H-1B is approved and the change of status has taken effect, so trips should be planned around the petition timeline rather than during it.
Cited sources
Reviewer
This template was reviewed by Denise Platter Cabrera (CA Bar #298948), a US-licensed attorney. For case-specific legal advice, retain an immigration attorney.