Immigration News & Guides

F1 & OPT Complete Guide

OPT lets F-1 students work in the US for up to 12 months after graduation — with a 24-month STEM extension available. Here's the full timeline and what to watch out for.

Post-Completion OPT — Step by Step

• 1
  Talk to your DSO early

  Visit your Designated School Official (DSO) at least 3–4 months before graduation. You cannot apply on your own — your DSO must recommend OPT in SEVIS first.
• 2
  Application window: 90 days before to 60 days after graduation

  File Form I-765 with USCIS. Include your I-20 with OPT recommendation, passport copy, I-94, and photos. Application can be filed up to 90 days before your program end date — no earlier.
• 3
  Wait for your EAD card (90–150 days)

  USCIS currently takes 3–5 months to process OPT. You cannot start working until you receive the physical EAD card and your OPT start date has arrived.
• 4
  Report your employer to your DSO within 10 days

  Every time you start a job, change jobs, or become unemployed, you must report to your DSO. They update SEVIS — failure to do so is a violation and can jeopardize your status.
• 5
  Watch your unemployment days

  You're allowed a maximum of 90 days of unemployment across your entire OPT period. For STEM OPT extension, the limit is 60 additional days. Exceeding this violates your status.

STEM OPT Extension — 24 Extra Months

• Apply no later than 90 days before your OPT expires — if approved, you get 180-day cap-gap protection if your H1B is filed
• You must report to your DSO every 6 months during STEM OPT
• Must work at least 20 hrs/week to count as employment

H1B Visa: Everything You Need to Know

The H1B is a non-immigrant work visa for specialty occupations. Each year ~400,000+ applications compete for 85,000 spots. Here's how the lottery, transfer, and extension process works.

The Lottery Process

• 1
  Electronic Registration (March 1–20)

  Your employer registers you on the USCIS H1B lottery portal for $215. If multiple employers register you, each is a separate entry — more registrations = higher odds, but it's risky if selected by multiple.
• 2
  Lottery Selection (late March)

  USCIS runs two random lotteries: first the 20,000 US Master's cap, then the 65,000 regular cap. If you have a US master's degree, you get two chances. Selection rates have been ~25–35% in recent years.
• 3
  File Full Petition (April–June)

  If selected, your employer files the complete I-129 petition. They can file standard (4–6 months) or use Premium Processing ($2,805) for a 15 business day decision.
• 4
  H1B Starts October 1

  All cap-subject H1Bs begin on October 1, the start of the US fiscal year. You cannot start working before this date on your new H1B (cap-gap rules above apply for OPT holders).

Cap-Exempt Employers

The following employer types are NOT subject to the H1B cap — no lottery needed, any time of year:

• Universities and colleges (public or nonprofit)
• Nonprofit research organizations affiliated with a university
• Government research organizations (NIH, DOE labs, etc.)
• Third-party placement at cap-exempt sites may also qualify in some cases

Employment-Based Green Card: The Complete Roadmap

For Indian professionals, the EB-2/EB-3 backlog is severe — priority dates are from 2013–2014. Understanding every stage helps you optimize your timeline.

The Four Stages

• 1
  PERM Labor Certification (8–24 months)

  Your employer files with the Dept. of Labor to prove no qualified US workers were available. Requires job ads, recruitment records, and a prevailing wage determination. DOL processing: 8–18 months standard, 6 months for audited cases. Your priority date is set when PERM is filed.
• 2
  I-140 Immigrant Petition (3–8 months)

  Employer files Form I-140 with USCIS. Standard processing is 3–8 months; Premium Processing ($2,805) gives a 15 business day decision. Get your I-140 approved ASAP — an approved I-140 survives job changes after 180 days (AC21).
• 3
  Wait for Priority Date to Become Current

  Check the monthly Visa Bulletin. Your priority date must be earlier than the cutoff date shown for your category (EB-2 or EB-3) and country (India). For India EB-2, the April 2026 Final Action Date is July 15, 2014. If your priority date is after that, you wait.
• 4
  I-485 Adjustment of Status (8–24 months)

  Once your priority date is current, file I-485 to adjust status to lawful permanent resident. You'll also receive an EAD (work permit) and Advance Parole (travel document) while it's pending — these remove your dependence on H1B.

EB Categories at a Glance

H1B Grace Period: What to Do in the 60 Days After a Layoff

If you're on H1B and lose your job, you have a 60-day grace period to take action. Every day counts — here's a prioritized action plan.

What the 60-Day Grace Period Means

• Starts from your last day of employment (not USCIS notification date)
• You may remain in the US during this period — you are not out of status
• You cannot work for anyone during the grace period
• The clock runs whether or not you know about it — don't delay
• If your I-94 expires before 60 days, your grace period ends earlier

Your Options — Prioritized

• 1
  H1B Transfer (Best Option — Do This First)

  Find a new employer and have them file an I-129 H1B transfer petition. You can start working the day the petition is filed — you don't need approval. Use Premium Processing ($2,805) for 15-day decision and peace of mind. Your new employer takes over your H1B — no lottery needed.
• 2
  Change to Another Status

  If you can't find a new H1B sponsor in time, you can file to change status to: F-1 (enroll in a degree program), O-1 (extraordinary ability — hard to get), L-1 (if your company has a US affiliate), or B-2 visitor (gives time but no work authorization). File the change before your grace period ends.
• 3
  Leave the US (If No Other Option)

  If you cannot find a new employer or change status within 60 days, depart the US before the grace period ends to maintain a clean immigration record. You can reapply for a visa later without overstay issues.

Traveling on H1B / OPT / EAD — The Complete Guide

International travel on a work visa or pending green card requires careful preparation. The wrong documents at the border can result in denial of entry. Here's what you need for each situation.

Traveling on H1B

• Valid H1B stamp required to re-enter the US — your I-797 approval notice is not enough
• H1B stamp is in your passport. If expired, get it renewed at a US consulate abroad before returning
• Documents to carry: Valid H1B stamp + I-797 approval (latest) + employer support letter + pay stubs + I-94 printout
• Dropbox renewal: Many H1B renewals in India qualify for dropbox (no interview) — check the consulate website for eligibility
• India consulates: Hyderabad, Chennai, Mumbai, New Delhi, Kolkata. Chennai/Hyderabad typically have fastest processing for H1B

Traveling on F-1 / OPT

• Documents needed: Valid F-1 visa stamp + valid OPT EAD card + I-20 with DSO travel signature within the last 6 months
• If your F-1 visa is expired, you must renew it at a US consulate before re-entering (cannot use ESTA or other methods)
• During STEM OPT: same requirements, but also carry your I-983 training plan and employer letter
• Cap-gap period: Only travel if your F-1 visa stamp is still valid for re-entry. If expired, do not travel — you cannot return until you have an H1B approval

Traveling with Pending I-485 (Advance Parole)

• Carry the physical AP card — do not travel if it's pending or expired
• AP is usually combo card with EAD — carries both work authorization and travel permission
• Re-entering on AP is fine for most countries, but some countries may raise questions about your immigration status
• If AP expires while abroad and you can't return — contact a US immigration attorney immediately