2/23/2008
 
Most students are eligible for one year of Optional Practical Training (OPT) at the completion of their programs. It is important to make sure that the OPT is filed in a timely fashion. Even if the H1B case is filed before the cap, the OPT is needed to bridge the time between graduation and the start of the H1B petition. Simply having the H1B case filed is not enough, if one's status is going to expire before the H1B start date.
 
Alternatively, if a student is unable to obtain an H1B sponsor, the OPT will permit her/him to work for a year after graduation. Thus, the May graduate might have OPT from May this year to May next year, or, depending upon how long it takes for approval.

Since there is a 60-day grace period at the end of the OPT, a student with an August end date will be in a better position than one who has an earlier OPT end date. One with OPT ending August potentially could wait for the next fiscal year, and have the employer file an H1B for next year. 

Thanks to the 60-day grace period at the end of the OPT, this individual would be able to work on OPT until its expiration in August and, thereafter, remain in the U.S. (without working) until the H1B start date of October 1st. One who has OPT ending in May, June, or July will not be so fortunate. Even with the 60-day grace period, s/he will have a gap between the OPT and the H1B start date. 

If such an individual is unable to find a way to bridge this gap, then it will be necessary to leave the U.S. during the gap, obtain the H1B visa at a U.S. consulate abroad, and return in H1B status after the start of the new fiscal year. Of course, it will also require an employer who is willing to employ a person in this situation, despite the break in his or her availability for work.