What Happens If Your OPT Expires? Next Steps & Options
Your OPT EAD is about to expire — or already has. Don't panic. Here are your options and the exact steps to take.
Quick Answer
When your OPT expires, you enter a 60-day grace period during which you cannot work but can prepare to leave the US, change status, or transfer to a new school. If you have a pending H-1B petition, the cap-gap provision may extend your work authorization.
Critical: The 60-Day Grace Period
After your OPT EAD expires, you have a 60-day grace period to either leave the US, change your visa status, or transfer to a new school. You cannot work during this grace period — your employment authorization ended on your EAD expiration date.
Source: 8 CFR § 214.2(f)(5)(iv)
Your Options When OPT Expires
Option 1: Apply for STEM OPT Extension
If you have a STEM degree and your employer is E-Verify enrolled, you can apply for a 24-month extension. You must file before your current OPT expires.
Option 2: H-1B Cap-Gap Extension
If your employer filed an H-1B petition on your behalf, your status and work authorization are automatically extended until October 1 of the H-1B start year.
Option 3: Change to Another Visa Status
You can apply to change to another visa category (B-1/B-2 tourist, H-4 dependent, O-1 extraordinary ability) before your 60-day grace period ends.
Option 4: Transfer to a New School
You can transfer to a new academic program and start a new I-20. This resets your student status but does not provide work authorization immediately.
Option 5: Depart the United States
You must leave before the 60-day grace period ends. Overstaying can result in unlawful presence and affect future visa applications.
Critical Timeline After OPT Expires
| Period | Can You Work? | What You Can Do |
|---|---|---|
| Day 1-60 (Grace Period) | ❌ No | File change of status, transfer schools, prepare to depart, or wait for H-1B decision |
| Day 61+ (After Grace) | ❌ No | You are accruing unlawful presence. Leave immediately or consult attorney |
| During Cap-Gap (if applicable) | ✅ Yes | Continue working if H-1B petition was filed before OPT expired |
| During STEM OPT (if filed on time) | ✅ Yes | Work continues under automatic 180-day extension while USCIS processes |
Frequently Asked Questions
What happens when my OPT expires?
When your OPT EAD expires, your work authorization ends immediately. You enter a 60-day grace period during which you can prepare to leave the US, change visa status, transfer to a new school, or wait for a pending H-1B decision (cap-gap).
Can I stay in the US after OPT expires?
Yes, for up to 60 days (the grace period). However, you cannot work during this time. If you stay beyond 60 days without changing status, you begin accruing unlawful presence.
Can I extend my OPT?
Regular OPT cannot be extended. However, STEM degree holders can apply for a 24-month STEM OPT extension before their current OPT expires. You must have an E-Verify employer and file Form I-765.
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