The government has provided an extension of work authorization or legal stay for students on post-completion OPT, known as the "cap gap" extension, who filed a timely application for an H-1B with an October 1 start date. This does not apply if your employer has filed for consular processing. Your employer may ask you to request an I-20 from ISSS so that your work eligibility form (Form I-9) can be updated. This page explains how to apply for a new I-20 to reflect your “cap gap” extension.
First, confirm with your employer that the organization is not considered exempt from the H-1B quota. Students who work for exempt employers are not eligible for an OPT extension. Your employer should also make sure you qualify for the H-1B cap-gap extensions:
You and your employer or attorney must review the cap gap extension information at the USCIS website (or you can enter "cap gap" in the search box on the home page of USCIS). The USCIS site explains how and if you are able to work while on the “cap gap extension”.
You must not have violated the terms or conditions of your F-1 status while on OPT. Consult with an ISSS advisor if you have any concerns.
Consult with your attorney or employer in order to ascertain your H-1B petition status and secure the documents you need to submit to the ISSS.
Update your Employer Information and Address on our OPT Reporting Form
Ask your employer or attorney if you are not certain which category you fall into if you are not sure.
Processing of “cap gap” I-20s sometimes require a data fix in the SEVIS database by the government, thus students should allow for a processing time of at least three weeks for an I-20.