/>iAs of March 26, 2025, the U.S. Citizenship and Immigration Services (USCIS) has updated the M-274 Handbook for Employers, to reflect the Dec. 18, 2024, Department of Homeland Security final rule automatically extending the duration of status and employment authorization granted under 8 CFR §274a.12(c)(3)(i)(B) or (C) for F-1 students who are the beneficiaries of H-1B petitions requesting a change of status.
The handbook now states students who are the beneficiaries of an H-1B petition who request a change of status from F-1 status to H-1B status may be eligible for a cap-gap extension of status and employment authorization until April 1 of the fiscal year or until the validity start date of an approved H-1B whichever is earlier.
If a company employs an F-1 student on optional practical training (OPT) status and has filed an H-1B petition for that student in a timely manner, the updated handbook states the employee may be eligible to continue working beyond the expiration date on their OPT Employment Authorization Document (EAD) while awaiting the start date of the approved or pending H-1B petition.
Types of Cap-Gap Extensions
These are the relevant cap-gap extensions, according to the updated handbook:
- F-1 Status Extension (without optional practical training
- If a student in F-1 status with no OPT has an H-1B petition filed, they will receive a cap-gap extension of their F-1 status only, with H-1B status starting on the approved petition's validity date.
- F-1 Status and OPT Extension
- If a student in F-1 status with OPT has an H-1B petition filed, they will receive a cap-gap extension of both F-1 status and OPT. They can work under OPT until April 1st or the H-1B validity date, whichever is earlier.
Cap-Gap Extensions and the I-9 Form
For an eligible F-1 students to receive an automatic EAD extension, the handbook says employers must:
- Timely file a petition to change the student’s status to H-1B
- Request an employment start date in the relevant fiscal year
An expired EAD, along with a relevant USCIS notice showing the above requirements, is considered a valid, unexpired EAD for Section 2, List A purposes on Form I-9. This automatic extension ends if the H-1B petition is rejected, denied, revoked, or withdrawn pursuant to 8 CFR 214.2(f)(5)(vi)(B).
