In a detailed Reddit post gaining attention, a user shared their dilemma after being laid off while their STEM OPT application is still pending and their H-1B petition is under process. The post outlines the complex immigration and employment intersection many foreign students face in the United States post-graduation.
OPT Timeline and Termination
The user stated their initial 12-month OPT (Optional Practical Training) ended on June 24, 2025. Before that expiration, they applied for the STEM OPT extension on June 16, 2025, allowing them to remain in the U.S. under the cap-gap extension rule. However, they were terminated from their job on July 7, 2025, and have remained unemployed since July 8.
During their initial OPT period, they had already used 47 days of unemployment out of the total 90 days allowed. Under the STEM OPT rules, students are given an additional 60 days of unemployment allowance, totaling 150 days over the full OPT + STEM OPT period.
The twist lies in the pending STEM OPT status. While USCIS doesn’t count unemployment days while a STEM OPT application is pending, if the application is later approved, it will retroactively count unemployment from the day after the initial OPT expired — in this case, from June 25 onwards. The student estimates they would have 103 days remaining (150 total minus the 47 already used) once the STEM OPT is approved — provided they find qualifying employment with an E-Verify employer in time.
The H-1B Complication
Adding another layer of complexity, the user’s H-1B petition was selected and filed on June 11, 2025. However, the employer now plans to withdraw the petition following the layoff. This raises urgent questions: Can a new employer transfer the H-1B petition before it’s revoked, even if it hasn’t been approved yet?
Some immigration experts note that as long as the petition hasn’t been withdrawn and the cap selection is valid, a cap-exempt transfer may still be possible. But the window is extremely tight and risky — especially without H-1B approval or current employment.
This case underscores the precarious situation international students face when transitioning from student visas to work visas in the U.S. A single layoff can jeopardize not just employment, but immigration status and long-term residency prospects.
The post ends with a plea for advice from those who’ve faced similar STEM OPT and H-1B uncertainties. For many, it’s not just about finding another job — it’s a race against the clock with legal status hanging in the balance.