Yes, there is an overhead gap, and overhead gaps are often filled.
But larger ones are filled less often. This morning's gap was a large one.
Since early this morning there has been an ongoing attempt to fill the gap. Higher lows, so far. Higher highs for a while, but no more. Higher lows + lower highs = congestion.
The longer the market churns like this, and the longer the gap is not filled, the more likely at some point this afternoon there is going to be a collective surrender, and they're going to take them down.