Clarifying legal status for F-1 OPT students with pending H-1B Change of Status applications.
For F-1 OPT students who have applied for an H-1B Change of Status (COS), maintaining legal status is a primary concern. This guide clarifies how your F-1 OPT status is protected while your H-1B COS application is pending with USCIS.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| F-1 OPT COS Fee Exemption | EXEMPT from $100K fee | Clarified |
| New Form I-129 Implementation | Mandatory April 2026 | New |
| FY2027 Lottery Registrations | ~343,981 | ↓ 27% |
| FY2027 Overall Selection Odds | 35.3% | ↑ 5.3% |
| PERM Processing Time | 503 days | ↑ 15% |
Our analysis of USCIS policy indicates that filing an H-1B Change of Status (COS) application while on F-1 OPT generally allows you to maintain your F-1 status until the COS is adjudicated. This means you can continue working under your OPT authorization. However, if the COS is denied, you must revert to your F-1 status, and if your OPT has expired, you may need to cease employment.
Crucially, if your H-1B COS is approved, your F-1 status automatically terminates. If it's denied and your OPT has expired, you must cease employment immediately. It is vital to track your OPT's expiration date and the status of your H-1B COS application closely.
For F-1 OPT students who have successfully filed an H-1B Change of Status (COS), the period while the application is pending is critical for maintaining legal status. Generally, filing the H-1B COS application allows you to continue working under your F-1 OPT authorization, even if your OPT's Employment Authorization Document (EAD) expires, as long as the COS is pending and you have not been denied.
This protection is often referred to as 'authorized stay' or 'period of authorized stay.' However, if the H-1B COS is ultimately denied, and your OPT has expired, you must cease employment immediately. It is also important to note that F-1 OPT Change of Status applications are exempt from the $100K fee, simplifying the process for many graduates.
Companies that actively sponsor H-1B visas are the ones enabling F-1 OPT students to pursue a Change of Status. Here are examples of large sponsors:
Yes, generally you can continue working under your F-1 OPT authorization while your H-1B Change of Status (COS) is pending, even if your OPT EAD expires.
Your F-1 status automatically terminates upon the approval of your H-1B Change of Status. You will then be in H-1B status.
If your H-1B COS is denied and your OPT has expired, you must cease employment immediately. You may need to depart the U.S. depending on your remaining F-1 status.
No, F-1 OPT students changing status to H-1B within the U.S. are exempt from the $100K fee. This fee applies only to specific employers using consular processing.
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Search H-1B Sponsors on Wisa →Yes, generally you can continue working under your F-1 OPT authorization while your H-1B Change of Status (COS) is pending, even if your OPT EAD expires.
Your F-1 status automatically terminates upon the approval of your H-1B Change of Status. You will then be in H-1B status.
If your H-1B COS is denied and your OPT has expired, you must cease employment immediately. You may need to depart the U.S. depending on your remaining F-1 status.
No, F-1 OPT students changing status to H-1B within the U.S. are exempt from the $100K fee. This fee applies only to specific employers using consular processing.