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Opt extension

New York, NY |

My opt will run out in March. My employer is willing to apply for an h1B visa for me. I know I cannot apply until April. I have also read about the special rule that covers me under opt extension between the expiration of my opt and October if my H1B is approved.

My question is whether the special OPT extension rule applies to me given that my opt expires in March, before I can apply for an H1B visa in April. I know I have 60 days after the expiration of my OPT to leave the country but if, in April, I apply for an H1B visa for October in that 60 days and it is approved does my OPT extend to cover me between March and October (when my new H1B visa will start)?


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Attorney answers 3


It does not apply to you. You will need to leave the US and return.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You must still be under OPT when the I-129 is filed to benefit from cap-gap provision. The 60 grace period does not count.

San Francisco Immigration Attorney for removal defense, all work visas and avenues to permanent residence, investors, and naturalization. Call 415.834.0600 for free phone consultation - mention Avvo! 235 Montgomery Street, Suite 728, San Francisco, CA 94104 /


You will be able to stay but not to work. However, there are may creative cap-gap solutions that our office has provided which are sensitive to the the type of employer, the type of work that you may be doing, etc. You can feel free to call us for a consultation.