我的 OPT 在 H-1B 生效日期之前到期。我可以继续工作吗?
有可能。如果您的雇主及时为您提交了受抽签名额限制的 H-1B 申请,并申请了境内身份转换,且您符合 cap-gap 延期的要求,那么在等待 H-1B 身份生效期间,您的 F-1 身份以及工作许可可能会自动获得 cap-gap 延期。根据现行规定,符合条件的 cap-gap 保护最长可延续至相应财政年度的 4 月 1 日。
您能否继续工作,取决于您的 OPT 到期时间、H-1B 申请的提交时间以及该申请的当前状态。因此,建议您与学校指定校方负责人(DSO)及移民律师确认您的具体情况和适用日期。
这条回答解决您的问题了吗?
相关问题
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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