Ask Sophie: My STEM OPT expires in 30 days, what are my options?

Assist! My firm did not register me for this yr’s H-1B draw

Right here is one other version “Ask Sophie” recommendation column that solutions immigration-related questions on working in tech corporations.

“Your questions are very important to the dissemination of data that permits folks all over the world to cross borders and comply with their goals,” he says. sophie alcorn, a Silicon Valley immigration lawyer. “Whether or not you are in search of a job in folks operations, a founder or Silicon Valley, answer your questions in my subsequent nook.”

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Expensive Sophie,

My STEM OPT expires in a month and my firm has not registered me for this yr’s H-1B draw.

I am undecided what choices I’ve now. Assist!

— Sleepless in Silicon Valley

Expensive Sleepless,

I’m so sorry to listen to that your employer didn’t register you for this yr’s H-1B draw! Comparable issues could also be felt for the unregistered, and STEM OPTs are about to run out. Don’t be concerned although! I protected you. However first, let me contact on just a few issues you want to know, beginning along with your grace interval.

Picture Sources: Joanna Buniak / sophie alcorn (opens in a new window)

60-day grace interval

When your F-1 STEM OPT expires, you’ll obtain a 60-day grace interval. Please notice that you simply will be unable to work throughout the 60-day grace interval. This grace interval shouldn’t be confused with the 60-day grace interval usually utilized by people with H-1B standing.

The aim of the Pupil F-1 extension is to present you time earlier than you want to depart the USA:

• Proceed your training by enrolling in a brand new tutorial program at one other establishment and acquiring a brand new Kind I-20
• Apply to switch to a different nonimmigrant standing to work or for every other function (USCIS just lately introduced that it’s acceptable to hunt a job with customer standing B)
• If you happen to’re eligible and do not plan to journey internationally, apply for a inexperienced card by means of standing adjustment
• Pack up your work, journey inside the USA, and depart the USA

Let me get into a number of the finer particulars of this record:

proceed your training

The worldwide tech job market will be robust proper now. The variety of layoffs up to now within the tech business this yr has surpassed all of 2022. layoffs.fyi. In 2022, 164,511 folks misplaced their jobs. Greater than 183,000 folks have been laid off within the tech business up to now this yr.

With this in thoughts, chances are you’ll wish to take into account persevering with your training as an F-1 pupil by enrolling in a full-time diploma program. Usually, Curriculum Sensible Coaching (CPT) is out there at some universities and schools. The CPT permits an F-1 pupil to review who has been enrolled full-time for not less than one tutorial yr and has not but graduated, however some packages supply a “day one” CPT.

Remember the fact that working for a full-time CPT (greater than 20 hours per week) for one yr means chances are you’ll not qualify. Optional Practical Training (OPT). Working part-time below CPT (20 hours per week or much less) means you may be eligible for OPT and presumably one other two-year STEM OPT extension in case your diploma is above the U.S. Division of Homeland Safety. STEM Designated Degree Program List.

Change your standing to customer