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Job Loss, Visa Clock, and Uncertainty: The Fragile Path from F-1 to H-1B

A Reddit post that's gaining traction highlights the difficult crossroads many international graduates face in the U.S. as they navigate employment loss, visa timelines, and immigration uncertainty.

The poster, a recent graduate, shared their situation: they were laid off just days after applying for a STEM OPT extension, with an H-1B petition also in the mix — but now at risk. Their story illustrates how one unexpected job loss can trigger a high-stakes race to preserve legal status.

Timeline: OPT, STEM Extension, and the Layoff

  • Initial OPT end date: June 24, 2025
  • STEM OPT extension filed: June 16, 2025
  • Termination date: July 7, 2025
  • Unemployed since: July 8, 2025

Under the rules, filing for a STEM OPT extension before the initial OPT expires allows a student to remain in the U.S. and continue working via the cap-gap provision — as long as the application is pending.

But here's the challenge: the user had already used 47 days of unemployment during their 12-month OPT. STEM OPT allows for an additional 60 days, meaning a combined total of 150 unemployment days over the full OPT and STEM periods.

If their STEM OPT application is approved, unemployment will be counted retroactively from June 25, 2025 (the day after the initial OPT expired). Based on this, the student estimates they have 103 unemployment days remaining. But the clock is ticking, and those days are only useful if they can secure qualifying employment with an E-Verify employer before time runs out.

H-1B Uncertainty: A Petition at Risk
Complicating the situation further, the user’s H-1B petition was selected in the 2025 lottery and filed by their employer on June 11, 2025. However, after the layoff, the employer reportedly plans to withdraw the petition, which jeopardizes their chance to transition to H-1B status.

This raises a key question: Can a new employer file a transfer or take over the H-1B petition before it’s withdrawn — even if it hasn’t been approved yet?

According to some immigration attorneys, it may be possible, but it’s a legal gray area. As long as the original H-1B petition hasn’t been withdrawn and the cap selection remains valid, a new employer could potentially file a cap-exempt transfer. However, it’s risky — especially without an approved petition or valid employment at the time of filing.

The Bigger Picture: The High Stakes for International Grads
This case reflects a broader reality for many international students: the transition from F-1 student status to long-term employment is fraught with legal and logistical hurdles. A single job loss can put years of academic effort and career planning at risk.

For this Reddit user and others in similar situations, the next few weeks are critical. With a STEM OPT decision still pending, 103 unemployment days remaining, and an H-1B hanging in the balance, it's not just about finding a new job — it's a fight to stay in the country legally.

July 18, 2025 10:28 a.m. 399

#trending #latest

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