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Can I apply for academic H1 if my OPT extension gets denied?

Plano, TX |

I am currently on a 12 month OPT, which expires on Jan 1, 2014. I applied for a STEM extension on Sep 13 and the decision is still pending.

Lets say my OPT extension gets rejected and I get to know it by the end of November. So, essentially I would have one more month before my current OPT expires. I would like to know if I could get an academic position (like postdoc or lecturer) in a university within this one month and apply for a academic H1. If I do that, is it necessary that I get my academic H1 approved before Jan 1, 2014 (expiry date of my current OPT) or is it enough if I just apply?
The following is the second option. I know that I have 60 days grace period. Can I search for an academic position in those 60 days and apply for an academic H1?

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Attorney answers 3


"just enough that I (you mean an employer) apply" will keep you here in status while the petition is pending, well past the 60 days grace period you are referring to. The second option is always a bad idea, since that "grace" period is always a "gray" area, and besides, time flies..

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



Thanks for the prompt reply. So, its a good idea to apply(by employer) for an academic H1 before my current OPT expires, right?


If you apply for an H-1B before your OPT expires, you can stay in the US while the petition is pending (but you cannot continue to work once OPT expires).

Viera Buzgova (512) 476-7163. The information above is general in nature and does not constitute legal advice. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your case.


To seek a change of status from one nonimmigrant status to another, one needs to be in a valid nonimmigrant status when applies.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.