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Help! My company did not enroll me in this year’s H-1B lottery.
Here is another version An “Ask Sophie” advice column that answers immigration-related questions about working at tech companies.
“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.
TechCrunch+ members receive access to weekly “Ask Sophie” columns; Use ALCORN to purchase a one- or two-year subscription at 50% off.
Dear Sophie,
My STEM OPT expires in a month, and my company did not enroll me in this year’s H-1B lottery.
I’m not sure what my options are now. Help!
– Insomnia in Silicon Valley
Dear Insomniac,
I am very sorry to hear that your employer did not register you for this year’s H-1B lottery! The same can be felt for those who are not enrolled and whose STEM OPT is expiring. Don’t worry though! Got you covered. But first, let me go over a few things you should know, starting with your relief period.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
60-day grace period
You get a 60-day grace period when your F-1 STEM OPT expires. Please note that you cannot work during the 60-day grace period. This grace period should not be confused with the 60-day grace period used by persons in H-1B status.
The purpose of the F-1 student grace period is to give you time to leave the United States before you travel to:
- Continue your education by enrolling in a new educational program at another institution and obtaining a new Form I-20
- Apply to change to another nonimmigrant status for work or other purposes (seek employment in B visitor status if USCIS is OK soon)
- If you are eligible and do not plan to travel internationally, apply for a green card through adjustment of status
- Complete your affairs, move to the United States and leave the United States
Let me jump right into this list.
Continue your education.
The tech job market around the world can be tough these days. According to Layoffs.fyi, the number of people laid off in the tech industry this year has already surpassed all of 2022. By 2022, 164,511 people would be out of a job. More than 183,000 people have been laid off by technology this year.
From there, you may want to consider continuing your education as an F-1 student by enrolling in a full-time degree program. Typically Curriculum Practical Training (CPT) is available at some universities and colleges. CPT allows an F-1 student to be enrolled full-time for at least one academic year and has not yet graduated, but some programs offer “day one” CPT.
Keep in mind that working full-time CPT (working more than 20 hours per week) for one year means you are not eligible for optional practical training (OPT). Working part-time with CPT (20 hours per week or less) means that if your degree is on the US Department of Homeland Security’s list of STEM-designated degree programs, you will still be eligible for OPT and possibly a two-year STEM OPT extension.
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