"This interim rule expands the relief offered by the existing cap gap provision by first
eliminating the limitation that cap gap relief be authorized only when the H-1B cap is likely to be
reached prior to the end of the current fiscal year. This interim rule also removes the
requirement that USCIS issue a notice in the Federal Register to announce the extension of
status and instead allows an automatic extension of status and employment authorization for F-1
students with pending H-1B petitions. If USCIS denies a pending H-1B petition, the student will
have the standard 60-day period (&om notification of the denial or rejection of the petition)
before they have to leave the United States.
Unlike the extension of post-completion OPT, which is limited to F-1 students who have
obtained STEM degrees, the extension of status for F-1 students in a cap-gap applies to all F-1
students with pending H-1B petitions during a fiscal year."