What's Happening
If you are an F-1 student who has been selected in this year's H-1B lottery, congratulations! However, before you make any summer travel plans, it is important to understand that your H-1B status will not take effect until October 1st, and traveling internationally before that date requires careful planning.
The period between now and October 1st comes with important considerations that can affect your ability to reenter the United States and maintain your work authorization. With recent policy changes, including new social media background checks and increased scrutiny at the border, it is more important than ever to make sure you fully understand the risks before booking any international travel.
This advisory breaks down what you need to know to make informed decisions about traveling abroad this summer.
Understanding the “Cap-Gap” Period
What is Cap-Gap?
“Cap-Gap” is a regulatory provision that provides additional F-1 status and OPT work authorization to “bridge the gap” between when your OPT expires and when your H-1B status begins on October 1st. It is designed to prevent eligible students from having a lapse in status or work authorization during this transition period.
Important: Cap-Gap only applies if your OPT expires before September 30, 2026. If your OPT remains valid through September 30, 2026, you will not need to rely on Cap-Gap because your existing OPT work authorization will carry you through to your H-1B start date.
How Do You Qualify for Cap-Gap?
You are eligible for a Cap-Gap extension of F-1 status and work authorization if your H-1B petition was filed:
During USCIS's H-1B cap acceptance period (which typically begins April 1st), AND
Prior to the expiration of your OPT EAD card.
Important Note on Cap-Gap Work Authorization
If your H-1B petition was filed prior to the expiration of your OPT, your work authorization extends through the Cap-Gap period. However, if your OPT had already expired and you were in your 60-day grace period when the petition was filed, your F-1 status is extended but your work authorization is not. This means you can stay in the U.S., but you cannot work until your H-1B status begins on or after October 1st.
How Long Does Cap-Gap Last?
Cap-Gap protection continues based on the status of the H-1B petition:
If the petition remains pending: The Cap-Gap extension generally continues until USCIS makes a final decision.
If approved: The extension continues until the H-1B status takes effect on or after October 1.
If denied, withdrawn, or revoked: The Cap-Gap extension terminates. Students should consult with immigration counsel immediately to understand their options.
Can I Travel Internationally?
Whether an F-1 student can travel depends on their specific situation, and in some cases, international travel will carry the risk of a loss of U.S. immigration status and/or work authorization until your H-1B status takes effect.
Below, we break down the most common scenarios.
Scenario 1: Your H-1B Change of Status Petition Is Still Pending
Travel should be avoided as departing the U.S. will jeopardize the change of status request, triggering the $100,000 fee.
If you leave the United States while your H-1B Change of Status petition is still pending, the government will consider the change of status request abandoned as of the date you depart. This has serious consequences:
For employers: Abandoning the Change of Status triggers a $100,000 fee that the employer must pay in order for the H-1B to be approved.
For students: Even if the $100,000 fee is paid and the H-1B is ultimately approved, you will need to go through "Consular Processing." This means you must apply for an H-1B visa stamp at a U.S. consulate abroad before you can return or enter into H-1B status and begin working. You are not permitted to reenter on an H-1B visa stamp until 10 days prior to the effective date of your H-1B and you are not employment authorized until the H-1B effective date on or after October 1.
Bottom line: If your Change of Status is still pending, international travel carries significant downside and is strongly discouraged.
Scenario 2: Your H-1B Change of Status Has Been Approved And You Do NOT Require Cap-Gap
Travel may be possible but carries additional risk.
Even with an approved H-1B change of status petition, travel risks may differ depending on where you are in your F-1 program:
F-1 Students Who Have Not Applied for OPT
If you have completed your studies and have not applied for OPT or received your OPT EAD Card: You will generally not be able to return to the U.S. in F-1 status after international travel.
If you have not completed your studies: You may be able to travel and return, as long as you are coming back to continue your academic program. However, be aware that having an approved H-1B petition may lead to extra questions at the border about your intentions and whether you have followed F-1 rules.
F-1 Students with Valid OPT EADs
If you have a valid OPT EAD (initial or STEM extension) and your Change of Status has been approved: You should generally be able to travel and return in F-1 status, as long as you come back before your H-1B start date.
Make sure you bring all required documents outlined below and be ready to demonstrate that you intend to comply with F-1 rules.
Note on Possible Accrual of OPT Unemployment During Travel: Days spent outside the U.S. while unemployed count against your allowed unemployment days during OPT. Current rules allow up to 90 days of unemployment during initial OPT, and up to 150 days total if you have a STEM extension. Exception: Time abroad does not count against this limit if the travel is authorized leave or directly related to your OPT employment.
If You Choose to Travel Internationally
If you fall into the category of F-1 students who would be eligible for reentry to the U.S. in F-1 status prior to October 1st and choose to book international travel over the summer, you should take the following steps to minimize risk:
Speak to your employer and/or D&S attorney before booking any travel.
Bring the following documents to help ensure a smooth reentry:
Valid passport
Valid I-20 endorsed for travel
Valid F-1 visa stamp
Valid OPT EAD card
Proof of current employment (such as recent pay stubs or an employment verification letter)
Proof of ties to your home country
As close to departure as possible F-1 students should also check SEVIS to confirm that they remain active in SEVIS and are authorized for travel
Bottom line: Even with an approved Change of Status, travel carries risk. Make sure you have all required documents and consult with your immigration attorney before making plans.
Scenario 3: Your H-1B Change of Status Has Been Approved But You Require Cap-Gap
Travel should be avoided as it will result in the loss of U.S. immigration status and work authorization until at least October 1st.
Individuals relying on Cap-Gap will not be able to return to the U.S. following international travel prior to October 1st as they typically will not have all the documents needed to reenter the U.S. in F-1 status (namely a valid OPT EAD Card). Thus, they will need to remain outside the U.S. until they can apply for an H-1B visa stamp (unless Canadian) and enter in H-1B status.
Current Immigration Climate: What Else Should You Know?
Beyond the specific rules around Cap-Gap, F-1 students considering international travel should be aware of broader changes in the immigration environment that increase the risk of international travel prior to your H-1B taking effect:
Increased Scrutiny on F-1 Visa Holders
There are reports of enhanced scrutiny for F-1 and other student visa applicants, especially for nationals of certain countries, including China and Hong Kong. Additionally, F-1 visa issuance is currently banned for nationals of nearly 40 countries. Individuals from a travel ban country who do not have a valid F-1 visa stamp, will generally not be able to apply for one to return to the United States until the travel ban is lifted.
If you need to apply for a new visa stamp while abroad, be prepared for potential administrative processing delays, additional questioning, and possible security clearance delays.
Social Media Background Checks
The Department of State now requires all visa applicants to set their social media accounts to “public” as part of their visa interview and conducts detailed online background checks for F, J, M, and H-1B applicants and their dependents.
Heightened Scrutiny at the Border
There have been anecdotal reports of increased scrutiny by Customs and Border Protection (CBP) for all foreign nationals entering the United States, including current and former students. Be prepared to answer detailed questions about your status, your employment, and your plans in the U.S.
Final Reminders
Travel during the Cap-Gap period requires a case-by-case analysis. Your specific circumstances, including your OPT status, your visa stamp validity, and your country of nationality, all affect what travel is possible and what risks you may face.
We strongly recommend that you consult with your D&S attorney before making any international travel plans this summer. Taking the time to get personalized advice now can help you avoid serious problems down the road.
This post is for informational purposes and is not legal advice. Travel during the H-1B filing period is extremely nuanced and any decisions to travel should be made following consultation with an immigration attorney with knowledge of the specific facts of your situation. Sabrina Schamroth, a Law Clerk with D&S, assisted with the preparation of this alert.