What Happens If Your OPT Expires Before H-1B Approval?

Published: April 1, 2025

Eligible F-1 students can secure work permission through Optional Practical Training (OPT). They can apply for up to 12 months of OPT authorization, allowing them to gain practical work experience before or after their academic studies. 

After completing OPT, there’s a 60-day grace period to stay in the US. You’re not authorized to work or study within that period. Instead, the 60 days are intended to change your status or leave the US. 

However, you cannot reenter the US with an F-1 status if you leave the country unless you have transitioned to a different status. The most logical next step for many F-1 students is to apply for an H-1B visa. An approved H-1B visa lets you remain in the US for up to three years, with the option to extend to six years. 

Yet, the period between OPT expiration and H-1B approval commonly creates challenges and uncertainties. In this post, ALG Lawyers explains what happens if your OPT expires before H-1B approval and suggests possible pathways to bridge the gap. 

When Covered By the Cap-Gap Extension

Under current regulations, you can stay in the US during the cap-gap period regardless of whether your H-1B petition is pending approval. 

You can qualify for a cap-gap extension when you accurately and timely file a status change to H-1B within the fiscal year. The H-1B petition must be filed with a change of status request and a start date of October 1. Likewise, the US Citizenship and Immigration Services (USCIS) must receive the petition before your OPT expires or during the 60-day grace period. 

The cap-gap period begins when your F-1 status and employment authorization ends. Typically, it ends in April of the fiscal year for which you requested the H-1B status. Alternatively, the cap-gap period terminates when the approved petition’s start date arrives. Whichever comes first marks the end of the period. 

When Unqualified for the Cap-Gap Extension

F-1 students who don’t meet the eligibility criteria for a cap-gap extension and whose authorized stay ends before the H-1B approval must leave the US. Otherwise, you will overstay your visa, resulting in serious immigration consequences, such as potential bars to future US entry. Once outside the US, you can submit an application for your H-1B visa at a US embassy or consulate. You can then reenter the country with an approved H-1B visa. 

Additional Pathways to Consider After the OPT Expiration

Dealing with potential employment gaps and uncertainties about your visa status can add pressure after OPT expiration. You can explore the following pathways if you’re unqualified for the cap-gap extension: 

File STEM OPT extension

A 24-month STEM OPT extension provides temporary training to F-1 students in an approved Science, Technology, Engineering, and Mathematics (STEM) field. Eligibility for this option requires USCIS to receive your application before your 12-month OPT period ends. 

You can apply for that extension up to 90 days before your OPT expires. When approved, a STEM OPT extension authorizes you to continue working. Timely filing of the extension lets you work for a maximum of 180 days past OPt expiration while your application is pending.

Reapply for an F-1 visa

Returning to school can be an alternative for maintaining F-1 status. Suppose you’re interested in continuing your education. In that case, you can enroll in another academic program at a SEVP-approved institution. It will preserve your immigration status as you explore new opportunities. 

A new Certificate of Eligibility for Nonimmigrant Student Status is imperative for enrolling in a different academic program. As long you maintain your F-1 status, you don’t need to reapply for an F-1 visa to remain in the US unless your current visa has expired or you intend to travel abroad. 

Ensure Timely Petition Filing With ALG Lawyers

Applying OPT cap-gap provisions for F-1 students is complex and differs on individual circumstances. Suppose your H-1B petition gets rejected, denied, or revoked—your OPT cap-gap authorization ends. The good news is that you will have a grace period of 60 days to take further actions, such as to depart the US, change your legal status, or enroll in a new academic program. 

Conversely, with a timely filed H-1B petition, you can be granted cap-gap work authorization valid until at least September 30th. This allows you to continue working until your H-1B status becomes effective on October 1. 

Consulting a trustworthy Los Angeles immigration lawyer is beneficial in filing an H-1B petition on time. Connect with ALG Lawyers today to ensure timely petition filing. Our team can provide you with personalized assistance on your immigration concerns.