How should H1B applicants deal with the issue of expired OPT status?

How should H1B applicants deal with the issue of expired OPT status? The US Immigration Service will begin accepting 2...

Lawyer Huang Huili

USCIS will begin accepting H1B visa applications for fiscal year 2013 on Monday, April 2. Most applicants are applying for H1B during their OPT internship period (12 months for liberal arts students and 29 months for STEM students). Applicants who are approved for H1B must wait until October 1 to start working. Once an H1B applicant encounters the problem of OPT expiration, how should they deal with it? Case 1: OPT expires from April 1 to October 1. If the applicant's OPT expires on June 1, and the applicant submitted an H-1B application in April and was approved, the applicant's legal status and work permit will be automatically extended to September 30, and the applicant's H-1B will officially take effect on October 1. Because the applicant submitted H1B before the expiration of OPT, the applicant can legally stay and work in the United States from the expiration of OPT to October 1. Case 2: OPT expires in February, but the employer is willing to apply for H1B for you. If the applicant's OPT expires in February, it can be divided into two types of situations depending on the major. One category is graduates of STEM subjects. Applicants of this type can maintain their legal status during the H1B application period by extending OPT for 17 months. The other category is graduates of non-STEM subjects. For this type of applicant, if the applicant's OPT expires on February 5, there is a 60-day Grace Period after the OPT expires. Therefore, the applicant can still legally reside in the United States before April 1 (within 60 days). After the employer submits the H1B application on April 2, the applicant can still legally reside in the United States on the grounds of waiting for the approval result. However, since OPT has expired before H1B application, the applicant can legally stay in the United States and wait for H-1B approval, but cannot continue to work in the United States. Case 3: OPT expires before February, but the employer is willing to apply for H1B for you. If the applicant's OPT internship period expires before February, and the employer submits an H-1B application on April 2, the applicant must maintain his legal status in the United States. If necessary, the applicant needs to change status first. If you find a school to extend your F-1 status, or if you have a family, you can switch to H4 or F2. Only in this way can we ensure that the applicant’s identity is valid when the H-1B application is submitted on April 2.