Is there a grace period for an OPT?

I am currently on OPT (for the last 9 months) and doing an unpaid internship since then with a city. I’m looking for a H1 sponsor. My field of study was Urban Planning. My OPT expires in 4 months and I wanted to know for how long after my OPT expires, can I stay back. Also, for my field can I extend my OPT to a year and a half more (STEM extension)?

Asked on May 29, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have 60 days after expiration of your OPT that you can lawfully remain in the US.  Depending on when that would run out and whether it would take you into the H-1B validity period (assuming you find a H-1B employer and the petition on your behalf is approved) you may either be able to remain in the US until the H-1B becomes active or have to leave to consular process for your H-1B visa.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.