What Happens if Your STEM OPT Application is Not Approved and Your Initial OPT Expires?

Opting for a STEM (Science, Technology, Engineering, and Mathematics) Optional Practical Training (OPT) after completing a degree in one of these fields can be a valuable opportunity to gain practical work experience in the United States. However, complications can arise if your STEM OPT application is not approved or if your initial OPT expires while your application is still pending.

Understanding the Status of Your Application

The term "not approved" in the context of your OPT application can have two meanings. It could indicate that your application has been denied or that it is still pending. Here's what you need to know in both scenarios:

If Your Application Was Denied: After your initial OPT expires, you typically have up to 60 days to either: Find another valid visa type that allows you to stay and work in the United States (e.g., H-1B, L-1, H-2B, etc.) Leave the country within the 60-day period, as your authorization to remain and work in the U.S. will terminate. If Your Application Is Still Pending: If you applied for an OPT extension and submitted an I-765 application to USCIS (United States Citizenship and Immigration Services) before your initial OPT expired, you automatically receive a 180-day extension from the date of your filing regardless of the outcome of your application. This means that even if your application is not approved immediately, you still have 180 days to wait for the decision. However, you must be cautious to ensure that you remain compliant during this period to avoid any legal issues.

Finding Alternatives

While you wait for the outcome of your pending application, it's crucial to explore other options for remaining in the U.S. During this period, you may consider:

Applying for a different H-1B visa Seeking H-1B status through a company willing to sponsor you Exploring other non-immigrant visa options that align with your professional goals

However, it's important to remember that each of these alternatives involves different processes and requirements, so it's advisable to consult with an experienced immigration attorney for personalized advice tailored to your circumstances.

Legal Considerations

It's crucial to note that the information provided here is not legal advice. Migration law and regulations can be complex, and what might seem like a straightforward situation could have significant legal implications. Therefore, if you are facing any complications with your STEM OPT or other visa statuses, it is highly recommended that you consult with a qualified immigration attorney who can provide you with tailored legal advice specific to your circumstances.

Conclusion

When your STEM OPT application is not approved and your initial OPT expires, the time between these events can be both challenging and uncertain. However, understanding your options and seeking professional legal guidance can help you navigate these complexities and find the best path forward. Remember, compliance with immigration rules is key to avoiding legal issues and ensuring a smooth process.