H-1B nonimmigrant status is temporary employment authorization for an alien that performs services in a specialty occupation. H-1B status is a popular option for an F student who has finished a program of study. However, a cap limits the number of people who can receive H-1B status each fiscal year (FY). Some employers are exempt from the cap. More information is available on the U.S. Citizenship and Immigration Services (USCIS) website.

The volume of H-1B applications already has reached the FY 2014 cap. If an employer submitted a petition on your behalf, USCIS may or may not accept and approve it. If your employer has not yet submitted a petition on your behalf and your employment is subject to the cap, unfortunately, it is too late for this year.

If you want to but do not receive H-1B status this year, you have the following options regarding your nonimmigrant status:

• If you are engaged in post-completion optional practical training (OPT), you may be eligible for an extension. Talk to your designated school official about your eligibility, how to apply, and whether you might qualify for an extension.
• You can also continue your F student status by continuing your education. Consider applying to other academic programs such as degree or certificate programs, including graduate school or a PhD program.
• If your F status on your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” is expiring and you are not pursuing OPT or further study, you must leave the United States within 60 days after your program of study end date or the end of your OPT employment authorization.

For questions about changing to H-1B status or your options, talk to your designated school official.

Regulation:

• 8 CFR 214.2(h)(1)(ii)(B)