I’m in F-1 student status working on first-year OPT. In the first week of April, my employer will be filing a cap-subject H1B petition for the start date of October 1st.

My OPT employment authorization ends in the summer. What options do I have if my H1B petition will not be selected for processing if there is a lottery for H1B filings?

Answer

If you have a degree in a STEM field eligible for the 24-month extension, you should file it by the end of your first year of OPT as a back-up case. If your H1B petition is approved and your STEM extension application is still pending, it would be advisable to withdraw it to avoid any potential status issues. If you are not eligible for the 24-month STEM extension, and your H1B is not selected in the lottery, you may decide to transfer your SEVIS to a new program of study to continue to maintain your status, which will need to be completed by the end of your 60-day grace period. (17.Feb.2017)

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