My OPT expires before my H-1B start date. Can I keep working?
Possibly. If your employer timely files a cap-subject H-1B petition requesting a change of status and you meet the cap-gap requirements, your F-1 status and, in qualifying cases, your employment authorization may be automatically extended while you wait for your H-1B status to begin. Under current rules, eligible cap-gap protection can extend as late as April 1 of the relevant fiscal year. Whether you can continue working depends on your OPT expiration date, when the H-1B petition was filed, and the status of the petition, so confirm your specific dates with your DSO and immigration counsel.
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Related questions
If you qualify, STEM OPT can extend your work authorization for an additional 24 months beyond the initial 12 months of post-completion OPT, for up to 36 months total.
Eligibility depends on several requirements, including:
- Whether your degree's CIP code appears on the current DHS STEM Designated Degree Program List
- Whether your employment is related to that degree
- Whether your employer participates in E-Verify and completes the required Form I-983 training plan with you
Check your specific degree and employment arrangement rather than assuming that a STEM-related job alone qualifies.
Yes. A company you own can file an H-1B petition for you, including in some cases where you have a controlling ownership interest in the company.
The company must be a bona fide U.S. employer with a real specialty-occupation position, and the petition must establish that you are qualified for that position and that the company will comply with the applicable H-1B wage and other requirements. If you own a controlling interest in the company, you may also perform duties related to owning and directing the business, but you must spend a majority of your time performing the specialty-occupation duties described in the petition.
Beneficiary-owner cases are subject to additional rules, including generally shorter validity periods for the initial H-1B petition and first extension. Whether the structure works will depend on the company, the proposed position, your ownership interest, and the actual duties you will perform.
No new OPT fee is currently in effect. On August 20, 2026, DHS submitted a proposed rule on OPT fees for White House review, and media reports indicate that the proposal may include a $100,000 fee.
The proposed rule has not yet been published in the Federal Register, so its actual terms, including the amount of any new fee and who would be required to pay it, are not yet known. Until a rule is formally issued and takes effect, the reported $100,000 fee does not apply.
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