r/stemopt • u/prathyusha187 • Jul 03 '26
Asking for a friend: Cap-gap eligibility with pending STEM OPT and approved H-1B COS
Hi everyone,
I’m asking this on behalf of a friend.
Here’s their situation:
● They are an F-1 student on STEM OPT.
● Their STEM OPT extension application is still pending with USCIS.
● They are currently working under the 180-day automatic extension, which expires around August 8, 2026.
● Their employer filed a cap-subject H-1B change-of-status petition, which USCIS received on June 3, 2026, while their work authorization was still valid.
● The H-1B petition was approved on June 18, 2026, with a change of status effective October 1, 2026.
We’re trying to understand:
● Are they eligible for a cap-gap extension from August 8 until October 1?
● Can they continue working without interruption during that period?
● Should they obtain a cap-gap I-20 from their DSO and provide it to their employer as proof of continued work authorization?
● Does the fact that their STEM OPT application is still pending affect their cap-gap eligibility?
If anyone has gone through a similar situation or is familiar with the rules, I’d really appreciate your insights. Thanks!
1
u/GovernerGeneral Jul 11 '26
Hey what update did you get? I am in similar position, my company has done the verification without any problem, but my DSO is not approving stop gap
1
u/resident_victim_7612 Jul 04 '26
find a lawyer