Status concerns and solutions in the gap between OPT and H-1B filing
After graduating from a 4-year university in the U.S., I found a company in New York matching my major and am currently working under OPT. The company said they would support me for an H-1B/green card. My OPT period is 02/18/22–02/17/23, and I only started working on April 13th, so I have about a month and a half of unemployment time remaining.
The problem is my OPT period completely misses the H-1B lottery window.
When I asked the company’s attorney, all they told me was that I’d have to go back to Korea and just wait to be selected in the H-1B lottery next year — a pretty hopeless answer, so I’m asking here.
Is going back to Korea and simply waiting, as the attorney said, really my only option?
If there’s another way, I’d really appreciate hearing it!
1. Idea 1
Calculate exactly how many months and days the gap is between OPT and H-1B.
If the gap period between OPT and, for example, being selected in the H-1B lottery and reaching the filing date doesn’t exceed 180 days, there’s still hope. USCIS excuses up to a 180-day gap in status.
2. A second option is to reapply for and receive a new F-1 visa during the OPT period, and spend 6 months to a year on F-1 status.
3. A third option is to change status to a visitor visa (B1/B2), which lets you maintain status for 6 months.
4. Conclusion
F-1 tends to be an easier change of status, but B1/B2 is also often approved, so you can consider both, or start with just one. Please think it over. Of course, neither option grants work authorization, so you wouldn’t be able to work under either.