How to Legally Remain and Work in the US After Your OPT Expires

Published: March 28, 2025

International students holding an F-1 visa can be eligible to secure temporary employment in their major area of study within the US through optional practical training (OPT). It’s a 12-month authorization available for either pre-completion or post-completion of their full-time academic studies. 

According to the 2023 SEVIS by the Numbers Report, around 160,627 F-1 students participated in pre- and post-completion OPT. These students had an employment authorization document (EAD) and reported working for an employer during that period. 

Since the maximum period of OPT employment authorization is 12 months, students face a critical decision once it expires. How can you legally continue working in the US after your OPT ends? This post explores possible pathways and strategies to help you ensure compliance with US immigration laws. 

Apply for a Cap-Gap Extension

Cap-Gap extension preserves the F-1 status while an H-1B change of status petition is pending. It enables you to remain in the US during the gap legally. However, it’s worth noting that your OPT work authorization may expire before the H-1B start date. 

That means you cannot secure employment until USCIS approves your H-1B petition and your status officially changes to H-1B. The length of the extension is determined by the start date of the filed H-1B petition and the OPT expiration date. Typically, the earliest date a new H-1B can be valid is October 1st of the filing year. 

Obtain a 24-Month STEM Extension 

The STEM OPT extension is the most straightforward route for extending your stay in the US for an additional 24 months after your OPT ends. However, eligibility for this 24-month extension is only available for F-1 students holding degrees in the fields of Science, Technology, Engineering, or Math (STEM). 

Suppose you qualify for the STEM OPT extension. You can work up to 36 months, including the initial 12 months of your OPT period and the 24-month STEM extension. This allows you to pursue further professional development and seek various job opportunities in your field.

Other Legal Pathways to Consider After Your OPT Expires

Only F-1 visa holders who satisfy specific criteria can be qualified to apply for a Cap-Gap or 24-Month STEM extension. For instance, a pending or approved H-1B petition must be filed before your OPT expiration date to qualify for a Cap-Gap extension. 

Likewise, not all STEM fields are automatically eligible for a STEM OPT extension. Suppose you cannot meet the eligible criteria for either of these options. In that case, consider exploring the following alternatives to legally stay and work in the US after your OPT expires: 

File a change of visa status

A change of visa status may provide a legal avenue for continued employment in the United States. Various employer-sponsored work visas may be available, depending on your employer, job, qualifications, and citizenship. Below are some options you can transition to before the end date on your OPT employment authorization document (EAD) card. 

• O-1 Visa
• L-1 Vsa
• J-1 Visa
• E-2  Visa

Return to school for further studies

Returning to school for further studies is another viable pathway to continue living and working in the US after the OPT expiration date. Maintaining full-time enrollment is crucial for preserving your F-1 status, which is needed to stay legally in the US. Remember, enrolling in a new program at the same school automatically terminates any remaining OPT.

Leave the US within the grace period

You have 60 days to change your status or transfer your F-1 record after your OPT expires. During this critical window, you must leave the US if you can’t secure an alternative form of work authorization. Otherwise, you can be out of status and be subject to visa violations and future immigration consequences. 

Determine the Right Immigration Pathway With ALG Lawyers

It can be tricky to legally remain and work in the US after your OPT expiration date. Although several legal pathways exist, each can involve a complex process and strict deadlines. Thus, taking proactive steps before your OPT expires is critical to preventing unnecessary disruptions to your future immigration plans in the US. 

With the assistance of an experienced Los Angeles immigration lawyer, you can carefully evaluate your options and choose an immigration pathway that best suits your goals. Connect with our reliable team at ALG Lawyers for a scheduled consultation.