If your OPT is nearing expiration and H-1B sponsorship is uncertain, it’s important to plan conservatively. Depending on your field, you may be eligible for the STEM OPT extension if your degree qualifies and your employer is enrolled in E-Verify. If not, other lawful options could include enrolling in another academic program, changing to a different nonimmigrant status such as B-2 to prepare for departure, or exploring employment-based visas outside the H-1B lottery if you qualify. Timing is critical, so you should speak with a qualified immigration attorney before your OPT expires to avoid falling out of status.

Many international students face this situation, and unfortunately verbal assurances from employers are not guarantees. If H-1B sponsorship does not materialize, your legal stay depends on maintaining valid status. You may consider returning to school, transferring your SEVIS record, or exploring alternatives such as O-1 if you have extraordinary ability. Some individuals also choose to depart the U.S. and pursue employment opportunities abroad while keeping long-term immigration goals open. What matters most is avoiding unlawful presence, as overstays can severely impact future visa options.

You should assume the H-1B may not happen until paperwork is actually filed. If your OPT expires without a pending change of status, you generally have a short grace period to depart, transfer schools, or change status. Staying without authorization can harm future immigration benefits. Planning early gives you more flexibility and leverage. Even if your employer later decides to sponsor you, being out of status can make the process far more complicated or impossible. A proactive plan is always safer than waiting.