Expert immigration legal services for international students in New York. Get help with F-1 visas, OPT, STEM OPT extensions, CPT, maintaining status, and transitioning from F-1 to H-1B.
Full-time enrollment, timely program completion, DSO authorization for any changes. Violations can jeopardize future immigration benefits.
Must apply 90 days before to 60 days after graduation. Late filing = no OPT. Early filing rejected. Timing is critical.
24-month extension for STEM majors. Must have STEM degree, employer E-Verify enrollment, Form I-983 training plan.
Cap-gap extension if H-1B filed before OPT expires. What if not selected in lottery? Alternative options needed.
Required for internships/practicums. Must be integral to curriculum. 12+ months full-time CPT makes you ineligible for OPT.
90 days max unemployment on post-completion OPT. 150 days on STEM OPT. Exceeding = status violation.
Allows F-1 students to work in their field of study for 12 months after graduation. Must be related to major area of study.
• Apply: 90 days before to 60 days after program completion
• DSO recommends OPT in SEVIS
• File Form I-765 with USCIS
• Processing: 3-5 months
• Start date: After receiving EAD card
Additional 24 months of work authorization for students with STEM degrees (Science, Technology, Engineering, Math).
• Degree in STEM field on official STEM list
• Currently on 12-month OPT
• Employer enrolled in E-Verify
• Job directly related to STEM degree
• Form I-983 (Training Plan) with employer
• Apply up to 90 days before OPT expires
• Must apply before OPT end date
• DSO recommends STEM OPT in SEVIS
• Submit I-765 with I-983 and supporting docs
• 180-day auto-extension while pending
Self-Reporting
Report changes within 10 days: employer, address, job duties
Unemployment
150 days total allowed (includes 12-month OPT period)
Site Visits
Employer may receive site visit from USCIS
Training Plan
Update I-983 if job duties change materially
If your OPT expires before October 1st (H-1B start date) and your employer files H-1B petition before your OPT ends, you're eligible for automatic cap-gap extension.
• OPT extended until Sept 30 (or petition decision if earlier)
• Work authorization continues during extension
• If H-1B selected and approved: work until Oct 1
• If not selected: must stop working when OPT originally expired
• Can remain in US until Oct 1 (F-1 status only, no work)
STEM OPT Extension
If you have STEM degree and haven't used STEM OPT yet, apply for 24-month extension
Cap-Exempt H-1B
University, nonprofit research, government employers not subject to cap
Continue Education
Enroll in Master's program to maintain F-1 status and try H-1B again
Alternative Visas
L-1 (if worked abroad), O-1 (if qualified), TN (if Canadian/Mexican)
Scenario:
USCIS denied your OPT application due to late filing or incomplete documentation.
Our Solution:
Review denial reason, determine if you can refile (if within eligibility window), explore alternative options like CPT at new program, or F-1 reinstatement if status violated.
Scenario:
You've been unemployed for 90+ days on OPT or 150+ on STEM OPT. F-1 status violated.
Our Solution:
Assess options: F-1 reinstatement (if <5 months), voluntary departure, change to another status, or explore adjustment of status if eligible relative.
Scenario:
Want to transfer schools or change major. Concerned about maintaining status and OPT eligibility.
Our Solution:
Work with both DSOs on SEVIS transfer, ensure new major doesn't reset OPT eligibility clock, maintain full-time enrollment throughout transition.
Scenario:
Dropped below full course load without authorization. Didn't realize this violates F-1 status.
Our Solution:
File for reinstatement within 5 months if possible, or explore changing to different status. Document reasons (medical, academic difficulty) for reinstatement application.
Scenario:
Arrested for DUI or other charge. Worried about F-1 status and future immigration benefits.
Our Solution:
Report to DSO if required, fight charges with criminal defense attorney, minimize immigration consequences, document disposition for future applications.
Scenario:
Have startup idea. Can you work for own company on OPT/STEM OPT?
Our Solution:
Yes, but must meet specific requirements: ongoing supervision/evaluation, 20+ hours/week (or full-time on STEM), directly related to degree, proper employer structure for STEM (E-Verify, I-983).
We serve international students at universities throughout New York
Whether you need help with OPT applications, STEM extensions, F-1 to H-1B transitions, or maintaining your student status, our experienced immigration attorneys are here to help you succeed.