F-1 regulations require you to report any changes in your biographical and employment details to NJIT’s Office of International Students and Faculty (OISF) while on your CAP GAP extension period. 

CAP GAP occurs when you are the beneficiary of a successful H-1B petition, but your F-1 status ends before your H-1B status begins.  The time between the end of the F-1 status and beginning of H-1B employment is referred to as the CAP GAP. 

The CAP GAP extension is the period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of the F-1 status and the start of the H-1B status.  If you are in a period of authorized post-completion OPT on or after the date you become eligible for the extension, your post-completion OPT is also automatically extended.

You MUST report these changes within 10 days. 


Address Change

Please report any changes of local and permanent address by visiting Highlander Pipeline at http://my.njit.edu.


Name Change

Please go to http://www.njit.edu/registrar/forms/pdf/Name.pdf

1. Print "Request to Change Name" form

2. Complete form

3. Submit to OISF in person along with a copy of your passport showing your new name, or fax to (973) 596-5450


Employment Information

All employment information MUST be reported by visiting Highlander Pipeline at http://my.njit.edu. Select the "Student OPT Employment Information" link and complete all required fields.


 Employment Information includes

Start date of employment

Employer name

Employer Address

Change from one OPT employer to a different OPT employer

Unemployment of more than 10 days

Employment end date (if you are unemployed for more than 10 days)

Change in worksite


Change in Immigration Status

Please send an email from your NJIT email account to opt@njit.edu  including “Change in Immigration Status”  in the subject line.  Attach a copy of supporting evidence e.g. Form I-797 approval notice.


Permanent Departure from U.S.

Please send an email from your NJIT account to opt@njit.edu including “Permanent Departure from U.S.A.” in the subject line.  Please include your name, SEVIS ID #, NJIT ID #, and date of permanent departure.


Types of Employment

Basic Provisions:

The cap-gap extension of F-1 status and work authorization officially commences on the eligibility date – the date the I-129 petition and fee are received by the Service Center, not the date that the receipt notice was issued.

If you were not in authorized OPT on the eligibility date, you are NOT eligible for an extension of employment authorization. If you are still in your 60-day grace period, you are eligible for an extension of status, but not of work authorization.

 What types of employment are allowed for the CAP GAP extension period?

CAP GAP OPT employment must be in a job that is related to your degree program.

This employment may include:

Paid employment.

Multiple employers. You  may work for more than one employer, but all employment must be related to your degree program.

Short-term multiple employers (performing artists).  If you are a musician or other performing artist, you may work for multiple short term employers (gigs). You should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.

Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, you must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.

Self-employed business owner. If on OPT, you may start a business and be self-employed. In this situation, you must work full time. You must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to your degree program.

Employment through an agency.  On post-completion OPT, you must be able to provide evidence showing you worked an average of at least 21 hours per week while employed by the agency.

Unpaid employment.  You may work as a volunteer or unpaid intern, where this does not violate any labor laws. This work must be at least 21 hours per week on post-completion OPT.  You must be able to provide evidence from the employer that you worked at least 21 hours per week during the period of employment.


Unemployment

If on Cap Gap OPT, you are limited to a maximum of 90 days of unemployment.  Please note that you may not accrue an aggregate of more than 90 days of unemployment during the total OPT period. This total OPT period includes the standard/initial post-completion OPT and the subsequent cap gap extension period.

What counts as time unemployed?

You must report each day during your period of authorized cap gap OPT when you do not have qualifying employment. The only exception is periods of up to 10 days between the end of one job and the beginning of the next job.  These days will not be included in the calculation for time spent unemployed.

What is the effect on a student’s status if you exceeds the period of unemployment?

If, as an F-1 student, you exceed the allowed period of unemployment, while on Cap Gap OPT, you have violated your status unless you have taken one of the following actions:

• Applied to continue his or her education by a change of level or transferring to another SEVP-certified school

• Departed the United States

• Taken action to otherwise maintain legal status

How will DHS enforce this provision?

You may be denied future immigration benefits that rely on your valid F-1 status if DHS determines that you exceeded the limitations on unemployment.

Additionally, ICE/SEVP may examine SEVIS data for an individual, a selected group, or all students on post-completion OPT, including CAP GAP OPT, and terminate your record if it fails to show you maintained the proper period of employment. In such cases, you will be given an opportunity to show that you complied with all OPT requirements, including maintaining employment.

How does travel outside the United States impact the period of unemployment?

• If during an approved period of OPT, you travel outside of the U. S. while unemployed, the time spent outside the U. S. will count as unemployment against the 90-day limit.

• If you travel while employed (either during a period of leave authorized by an employer or as part of their employment), the time spent outside the United States will not count as unemployment.

Reminder:  You are required to report unemployment to NJIT’s OISF if you are unemployed for more than 10 days at http://my.njit.edu.


Documents to Keep

For each job or unpaid employment opportunity SEVP recommends that students maintain evidence of the following:

• position held

• proof of the duration (start and end date) of that position

• the job title

• contact information for your supervisor or manager

• and a description of the work

If it is not clear from the job description that the work is related to your degree, SEVP highly recommends that you obtain a signed letter from the employer’s hiring official, supervisor, or manager stating how your degree is related to the work performed.  For additional details, see “Types of Employment” section, above.  NJIT’s OISF recommends that you also document authorized periods of vacation/leave, while employed.   Also, keep accurate records of all periods of unemployment.