Understanding Your OPT Timeline
OPT expiration date: The date on your EAD card
Grace period: 60 days after OPT expires (can remain in U.S. but cannot work)
Critical dates
30 days before expiration: Last realistic chance for most solutions
Day of expiration: Last day you can work
60 days after expiration: Must leave U.S.
Option 1: H-1B Cap-Gap Extension (If You Were Selected)
What it is
Automatic extension of your F-1 status and work authorization from OPT end date until October 1 (H-1B start date).
Who qualifies
You registered for H-1B lottery in March
You were selected
Your employer filed H-1B petition by June 30
Your OPT expires before October 1
How it works
No separate application required
Extension is automatic once H-1B is filed
You can continue working for H-1B petitioning employer
Extension ends October 1 when H-1B starts (or earlier if H-1B is denied)
Action steps (Days 1-3)
Confirm with employer that H-1B petition was filed
Request copy of H-1B receipt notice
Verify cap-gap extension appears in USCIS system
Continue working without interruption
If H-1B is denied
Your cap-gap extension ends immediately. You'd have whatever remains of your 60-day grace period.
Option 2: Return to School (New F-1 Status)
Who this works for
Those willing to pursue another degree or certificate program
Timeline
Need to enroll and have classes start before your grace period ends
Two paths
Path A: Traditional Graduate Program
Enroll in master's or PhD program
Timeline: 6-12 months to apply and get accepted (too slow for 30-day emergency)
Unless: Rolling admissions programs with quick start dates
Path B: Day 1 CPT Programs
Specialized programs that allow immediate work authorization
Typically in business, computer science, or engineering
Can work full-time while enrolled
Timeline: Can enroll and start within 30 days at some schools
Action steps (Days 1-7)
Research accredited universities with Day 1 CPT programs
Verify program legitimacy (USCIS has cracked down on diploma mills)
Apply immediately to 3-5 programs
Pay deposits and request I-20
File I-539 (change of status) before OPT expires
Costs
Tuition: $15K-$40K per year
I-539 filing fee: $420
Total first year: $15K-$40K
Risks
Day 1 CPT programs are scrutinized by USCIS
May affect future visa applications if program appears fraudulent
You're committing to coursework and tuition
Option 3: File O-1 with Premium Processing (If You Have Evidence)
Who this works for
Those with publications, press coverage, awards, speaking experience, or high salary
Timeline
With premium processing, decision in 15 days
Requirements
Must meet 3 of 8 O-1 criteria with strong evidence
Action steps (Days 1-3)
Evaluate your evidence immediately (publications? press? awards? judging?)
If you meet 2-3 criteria, this is viable
Find employer or agent willing to petition for you
Action steps (Days 4-10)
Compile all evidence
Secure 5-7 recommendation letters
Hire immigration attorney (most will expedite for emergency cases)
Prepare petition
Action steps (Days 11-15)
File O-1 with premium processing ($2,805)
Receive decision within 15 days
Costs
Attorney: $5K-$15K (some offer payment plans)
Filing fee: $1,015
Premium processing: $2,805
Total: $8,820-$18,820
If approved
You can start working immediately or as soon as your current status expires.
If denied
You still have remaining grace period to try another option or leave.
Option 4: Change of Status to B-1/B-2 (Visitor)
Who this works for
Those who need more time to find H-1B sponsor or build O-1 evidence
What it does
Converts your status to visitor (tourist), giving you 6 months in U.S.
Major limitation
You cannot work on B-1/B-2
Why you might do this
Buy time to continue job searching
Build more O-1 evidence (publish papers, pursue speaking engagements)
Wait for next H-1B lottery cycle
Explore other visa options
Action steps (Days 1-10)
File I-539 (change of status to B-1/B-2) before OPT expires
Filing fee: $420
Explain purpose: "Tourism and exploring job opportunities for future H-1B"
Provide proof of financial support (bank statements)
Include return ticket (refundable) showing intent to leave
Timeline
Processing takes 6-12 months, but you can remain in U.S. while pending.
Risk
USCIS may deny if they believe you're trying to circumvent work authorization rules.
Option 5: Leave U.S. and File Consular O-1 or EB-2 NIW
Who this works for
Those with strong O-1 or EB-2 NIW evidence willing to leave U.S. temporarily
Why you might do this
Avoid overstay (preserves future visa eligibility)
File O-1 or NIW from abroad
Re-enter on new visa when approved
Action steps (Days 1-15)
Book flights to leave before day 60
Consult with attorney about filing O-1 consular processing or EB-2 NIW
Prepare evidence packets
Leave U.S. on time
Action steps (After leaving)
File O-1 or EB-2 NIW from abroad
If O-1 approved, schedule visa interview at U.S. consulate
Return to U.S. on new visa
Timeline
3-12 months depending on consular processing wait times.
The "I Didn't Get Selected in H-1B Lottery" Plan
Your situation
You registered for H-1B, weren't selected, and OPT expires in 30 days.
Your options (in order of preference)
1. O-1 (if you have evidence): File immediately with premium processing.
2. Cap-exempt H-1B: Find job at university, nonprofit, or government research org (no lottery required).
3. Day 1 CPT: Enroll in program, work while studying.
4. B-1/B-2 change of status: Buy 6 months to find cap-exempt H-1B or build O-1 evidence.
5. Leave U.S.: Return home, file consular O-1 or EB-2 NIW, re-enter when approved.
What Not to Do
Don't overstay
Overstaying even by 1 day can trigger bars from re-entering U.S.
Don't work without authorization
Working on expired OPT or while B-1/B-2 change is pending is illegal.
Don't use Day 1 CPT frivolously
Only enroll if you're genuinely willing to complete the degree.
Don't ignore the problem
Hoping something works out without taking action almost never succeeds.
How OpenSphere Handles OPT Expiration Emergencies
72-Hour Assessment
Input your situation, and we evaluate all your options and tells you which are viable given your timeline.
O-1 Evidence Check
Upload your evidence, and you are told whether you can realistically file O-1 in 30 days.
Day-by-Day Countdown
OpenSphere creates customized action plan: Day 1-3: Do X. Day 4-7: Do Y.
School Finder
Legitimate Day 1 CPT programs are identified with available enrollment within your timeline.
Your 5 Emergency Options
Option | Timeline | Can Work? | Cost | Best For |
H-1B Cap-Gap | Automatic | Yes | $0 | H-1B lottery winners |
Day 1 CPT | 30 days to enroll | Yes | $15K-$40K/year | Willing to study |
O-1 | 15 days (premium) | Yes | $9K-$19K | Strong evidence |
B-1/B-2 | File before expiration | No | $420 | Need time to search |
Leave & Consular | Must leave before day 60 | No (while abroad) | $5K-$15K | Long-term solution |
OPT expiring in 30 days or less? Need emergency evaluation of your options?
Take the OpenSphere evaluation. You'll get instant assessment and 72-hour action plan.
Start Your Emergency Plan