Navigating H1B Challenges and OPT Expiration in the USA

As a recent master’s graduate in May 2023 who activated Optional Practical Training (OPT) in July, the pressure of navigating the H1B lottery draws has intensified. Having missed the opportunity in the previous two draws, next year represents the last chance for many like myself, especially with my OPT set to expire in July 2024. Given that my current employer does not have a precedent for transferring employees overseas to come back on an L1 visa, the default has been to pursue a Day-1 CPT program.

The Current Landscape of H1B Visa Process

With the Department of Homeland Security (DHS) proposal under public comment review, it’s essential for those affected to share their thoughts. A significant concern is the potential implementation of the “ban on dual master’s degrees.” Should this new rule pass, it may prohibit students from pursuing Day-1 CPT for dual master’s programs once enacted—expected to take effect by the end of the year or early next year. Fortunately, if you have already begun a Day-1 CPT program, the new regulations likely won’t affect you retroactively.

However, for those of us whose OPT expires in July 2024 and have yet to secure an H1B lottery win, this creates an uncomfortable dilemma. The timing is particularly precarious, as the new regulations could present challenges if we choose to maintain our OPT status and wait for next year’s lottery results—especially if we remain unsuccessful in securing a visa by that time.

Option 1: Ditch OPT, Apply for a CPT Program

• Pros: The new rule doesn’t have retroactive effects; you could extend your stay for about two more years.
• Cons: This option incurs substantial tuition fees, and investing in a second master’s degree seems wasteful, considering it only provides another opportunity to enter the lottery.

Option 2: Wait and See

• Pros: This allows you to sidestep the immediate academic and financial strain that CPT programs entail while taking the necessary time to explore alternative plans outside the US.
• Cons: Relying on the lottery can be stressful, and if unsuccessful, it could leave you scrambling for solutions with just three months before your OPT expires.

Option 3: Plan to Return Home or Relocate

• Pros: This option allows you to lower your expectations for staying in the US and shift focus towards a viable plan B while also minimizing the anxiety related to your immigration status.
• Cons: Giving up your current employment would be tough, plus you might find yourself re-entering the job market in a new country, unsure if your three years of US experience will benefit your career abroad.

Join the Conversation

We invite everyone facing similar realities to participate in this important dialogue by leaving your valuable suggestions and voting in the comments section below!

#F1NewRegulations #F1VisaUpdates #DHSProposal #DualMastersBan #Day1CPT #NavigatingOPT #YourNextSteps

Let’s navigate these uncertain waters together!