Guidance for F-1 OPT students in Georgia facing a gap between OPT expiry and H-1B start date.
For F-1 OPT students in Georgia, the anxiety of an OPT expiration date preceding an H-1B start date is a common concern. This page addresses how to maintain legal status and navigate the critical transition period, emphasizing the importance of employer sponsorship verification.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | N/A |
| New Form I-129 Mandatory Date | April 2026 | N/A |
| PERM Processing Average | 503 days | ↑ 15 days |
| Total H-1B Filing Records in Wisa DB | 323,617 | N/A |
| Social Media Vetting Expansion Date | March 30, 2026 | N/A |
Our analysis of DOL data indicates that while the new Form I-129 is mandatory from April 2026, the critical factor for F-1 OPT students in Georgia facing a status gap is the employer's ability to file an H-1B petition and a Change of Status (COS) request concurrently.
Ensure your sponsoring employer files the H-1B petition and the Change of Status (COS) request simultaneously. This is crucial for maintaining your legal status in the U.S. without needing to depart and re-enter via consular processing.
For F-1 OPT students in Georgia whose OPT authorization is set to expire before their H-1B start date, maintaining legal status is paramount. The most common and preferred method is filing for a Change of Status (COS) concurrently with the H-1B petition. This process allows you to remain in the U.S. legally while awaiting H-1B approval and is exempt from the $100K fee.
The new mandatory Form I-129, effective April 2026, will be used for all H-1B filings, including COS requests. It's vital to work closely with your sponsoring employer and their legal counsel to ensure all documentation is accurate and submitted on time. Get Wisa's database of over 323,617 H-1B filing records can help you identify employers with a strong history of sponsoring and facilitating COS for their employees.
Companies that frequently sponsor H-1B visas and facilitate Change of Status for employees in Georgia include major tech and consulting firms:
Q: What happens if my OPT expires before my H-1B start date in Georgia?
A: If your OPT expires before your H-1B starts, you must file for a Change of Status (COS) concurrently with the H-1B petition to maintain legal status.
Q: Is the $100K fee applicable if I'm on OPT and changing status to H-1B in Georgia?
A: No, the $100K fee applies only to consular processing. A Change of Status for F-1 OPT to H-1B is exempt from this fee.
Q: Can I continue working in Georgia if my OPT expires but my H-1B COS is pending?
A: Yes, if your H-1B petition with a COS request was filed before your OPT expired, you can generally continue working under the terms of the H-1B petition.
Q: How does the new Form I-129 affect my OPT to H-1B Change of Status?
A: The new Form I-129, mandatory from April 2026, will be used for all H-1B filings, including Change of Status requests. Ensure your employer's legal team is prepared.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →If your OPT expires before your H-1B starts, you must file for a Change of Status (COS) concurrently with the H-1B petition to maintain legal status.
No, the $100K fee applies only to consular processing. A Change of Status for F-1 OPT to H-1B is exempt from this fee.
Yes, if your H-1B petition with a COS request was filed before your OPT expired, you can generally continue working under the terms of the H-1B petition.
The new Form I-129, mandatory from April 2026, will be used for all H-1B filings, including Change of Status requests. Ensure your employer's legal team is prepared.