Can OPT lead to H1B?

As we get into the H1B filing season for 2015 (H1Bs are filed in 2014 for the following year), students on F1 visas and their employers are anxious about being selected in the H1B lottery.

This year like last, I suspect the demand will overwhelm availability of H1B visas for student and other applicants. Last year, USCIS received 124,000 applications for 65,000 H1B visas, including 20,000 H1B visas set aside for US Master degree holders.

STEM Students

STEM (science, technology, engineering and math) students are at an advantage. They are able to avail of OPT (optional practical training) for 29 months, and hence get two bites of the H1B apple. They can apply this year and the next while maintaining status in F visa and being lawfully present in the US.

The advantage is that the student:

  • Can work full time.
  • Would qualify for the cap gap extension.
  • Can apply for the 17-month extension

The Takeaway

In essence, a STEM student on 29 month OPT gets 2 bites of the H1B apple, because the sponsoring employer is able to apply again the following year if the student is not selected in the H1B lottery the first time.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan Copyright 2014. All rights reserved.

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