Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.
Can an individual working for two employers on STEM OPT continue working for both during the "cap-gap" period once an H-1B petition is filed?
Cap-Gap acts as an extension of the current underlying status. If the F-1 STEM OPT status allowed for dual employment, that authorization continues under Cap-Gap until the H-1B takes effect.
Published by Observer Voice - June, 19, 2026
https://observervoice.com/white-house-finalizes-regulations-impacting-flexibility-for-international-students-stay-and-studies-210894/
Quotes and Excerpts from Rajiv in the article:
Published by: The Times of India - June, 18, 2026
https://timesofindia.indiatimes.com/nri/white-house-clears-final-reg-flexibility-for-international-students-in-terms-of-stay-and-studies-likely-to-be-curbed/articleshow/131837363.cms
Quotes and Excerpts from Rajiv in the article:
For an expiring OPT worker whose employer (a university hospital) is filing for a cap-exempt H-1B, what are the options if the salary doesn't meet the H-1B prevailing wage criteria?
If the salary criteria cannot be met, they may need to look at other options like a J-1 visa or finding a different position that fits the wage requirements.
Published by: Financial Express - May 14, 2026
https://www.financialexpress.com/immigration/trump-immigration-crackdown-new-h-1b-opt-restrictions-could-have-ripple-effects-far-beyond-professional-community/4240271/
Quotes and Excerpts from Rajiv in the article:
Is it problematic to have a one-month gap between my graduation and the start date of my employment on OPT, and how are unemployment days calculated if I transition to STEM OPT?
A one-month gap is perfectly acceptable as long as you do not exceed the total allowable unemployment days. For the initial 12-month OPT, you are allowed 90 days of unemployment. If you transition to the 24-month STEM OPT extension, you receive an additional 60 days, for a total of 150 days over the entire period. Any unused days from the initial OPT period carry over into the STEM extension period.
If I accidentally selected the wrong category (e.g., checking the box for pre-completion OPT instead of post-completion OPT) on my Form I-765 and the application is already pending, how should I fix it?
Prepare a cover letter stating that you previously sent an email and are now uploading the corrected form with the right box checked. You should also verify if you are still within the timeframe to refile the case if necessary.
Published by: The Daily Californian - September 04, 2025
https://shorturl.at/jquuv
Quotes and Excerpts from Rajiv in the article:
Approximately 2.1 million foreign students are enrolled in an F, J, or I program, with an estimated 414,000 individuals requesting extensions annually, as reported by the Law Offices of Rajiv S. Khanna.
For more information on this news, please see the attachment.
I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:
Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)
I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.
My question is:
If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?
Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.
Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.
Published by: Business Today- July 02, 2025
https://www.firstpost.com/explainers/us-time-limit-rule-stay-foreign-st…
Quotes and Excerpts from Rajiv in the article: