Was your H-1B denied after F-1? For many F-1 students, the H-1B visa lottery represents a crucial pathway to staying and working in the U.S. after graduation. But with limited spots and high demand, not everyone gets selected for H-1B. Some face the challenge of experiencing an H-1B denial after F-1 status.
If your H1B lottery was not selected, you still have several legal options to stay in the U.S. after your F-1 status. Don’t panic—there are still several legal options to explore that may allow you to remain in the U.S. From alternative work visas to adjusting your status through employment or family-based sponsorship, let’s break down the next steps you can take.
✅ STEM OPT Extension
If you have a STEM degree, you may be eligible for a 24-month extension of your Optional Practical Training (OPT), giving you another chance to apply for H-1B next year.
🔁 Explore Change of Status to Other Visas
Cap-Exempt H-1B:
Certain nonprofit, research, or higher education institutions can sponsor H-1B workers without being subject to the regular lottery cap.
O-1 Visa (Individuals with Extraordinary Ability):
If you have exceptional achievements in your field, you may qualify for an O-1 visa.
L-1 Visa (Intracompany Transfer):
If your employer has offices abroad, you could transfer to an overseas office and later apply for an L-1 visa to return.
🎓 Extend Your F-1 Student Visa — Continue Your Education
Enroll in a Higher Degree Program:
Consider a master’s, a second master’s, or a Ph.D. program to maintain your F-1 status and reapply for OPT later.
Day 1 CPT Programs:
Some universities offer Curricular Practical Training (CPT) from the first day of enrollment, allowing you to work while studying.
🛡️ Asylum
If you are afraid to return to your home country based on past or future persecution due to your race, religion, political opinion, nationality, ethnic group, or social group (e.g., women, LGBTQ+, anti-corruption activists), you may consider applying for asylum.
💍 Marriage to a U.S. Resident or Citizen
Marriage to a U.S. citizen or lawful permanent resident may open a path to adjust your immigration status.
🛑 T-Visa
For those exploited at work or sexually exploited, including individuals who have been trafficked, a T-Visa may be an option.
Secure Employment Abroad as a Stepping Stone to L-1 or EB-2/EB-3
Work for a U.S. Employer Overseas:
Some U.S. companies hire employees abroad and later transfer them back to the U.S. on an L-1 visa.
Gain Experience and Reapply Later:
Working in another country may strengthen your future U.S. visa or green card application.
🧳 Plan Ahead for Leaving the U.S.
If none of the above options apply, you may need to prepare for departure before your F-1 grace period expires (typically 60 days after OPT ends). Planning early helps you avoid overstaying or violating immigration status.
👩⚖️ Consult with an Immigration Attorney
Every case is different. An experienced immigration attorney, like Shepelsky Law Group, can help identify the best strategy based on your qualifications, goals, and timeline.
For many international students, the moment they realize their H-1B lottery was not selected can feel like the end—but it doesn’t have to be.
📞 Call Shepelsky Law Group today to schedule a consultation and plan your personal journey toward a U.S. green card—even if your H-1B was denied after F-1 status.