Jia Law Group
Attorney Verified · Sep 14, 2026

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.

Attorney Verified · Sep 13, 2026

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