OPT Unemployment Rules: What Happens At Day 90 or 150?

Quick Summary:

If you’re nearing 150 days of unemployment on STEM OPT, you’re not alone, and your situation isn’t hopeless. Whether your H-1B was approved but the job offer fell through, or you’re out of work and worried about SEVIS termination, this guide explains the steps you can still take. Discover practical, legal pathways that can help you regain control, and avoid irreversible consequences.

Understanding Your Options As You Approach 150 Days of STEM OPT Unemployment

Once you reach 150 days of unemployment on STEM OPT, SEVIS termination is likely, making a timely change of status or departure from the U.S. critical.

U.S. immigration rules strictly limit how long F-1 students can remain unemployed on OPT: 90 days on initial OPT, plus 60 more days on the 24-month STEM OPT extension, for a maximum of 150 days. When that limit is breached, your SEVIS record can be terminated, and you will be considered out of status.

Here’s what you can do to stay compliant, protect your immigration future, and explore long-term options, even if you’re from a highly backlogged country like India.

How Are STEM OPT Unemployment Days Counted, and What Happens After 150?

STEM OPT unemployment days are cumulative, and even time spent abroad while unemployed may count. Reaching 150 days can lead to SEVIS termination.

The rule is clear: You cannot exceed 90 days of unemployment on regular OPT and an additional 60 days on STEM OPT- 150 days total. If you’re unemployed on both OPT and STEM OPT, those days add up. For example, if you were unemployed for 30 days on OPT and then 120 days on STEM OPT, you’d hit the limit.

Importantly, if you travel abroad during a period of unemployment, that time often still counts toward the limit. Many students misunderstand this and get caught off-guard by a sudden SEVIS termination notice.

If you’re approaching day 150 (e.g., by August 1), you must leave the U.S. or change to another legal status before then. If you don’t, your stay becomes unlawful, which can jeopardize future visas and green card eligibility.

Checklist:

• Count total unemployment days across OPT and STEM OPT.
• Confirm the date you will reach 150 days, SEVIS termination can be automatic.
• Consider how international travel fits into your unemployment period.
• Take urgent action to change status or depart before that date.

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Is There Any Way to Still Use Your H-1B Approval If Your Employer Laid You Off?

If your H-1B was selected in the lottery and approved but the employer rescinded the offer, you may still retain your cap-exempt status, but you cannot activate H-1B status without a valid job.

A common misconception is that being selected in the H-1B lottery locks in your status. That’s only partly true. If your H-1B petition has been approved and it’s past October 1, you are considered counted against the cap. That means another employer may be able to file a cap-exempt H-1B petition for you at any time without going through the lottery again.

If your H-1B petition has been approved but the employer chooses to revoke the approval before October 1, you may lose your cap exemption. Your employer may choose to delay the revocation in order to save your H-1B lottery selection.

If your registration was picked and no petition has yet been filed, you may be out of luck completely.

Tip: Ask your previous employer if they can still file the H-1B petition on your behalf, even without plans to employ you. If approved, this could preserve your cap status for future employers.

However, an approved H-1B and H-1B Cap Gap protection does not protect you from SEVIS termination or grant you automatic H-1B status if you’re unemployed.

Alternative Options:

• Leave the U.S. before SEVIS termination and have a new employer file from abroad if you are cap exempt.
• Consider consular processing if your SEVIS terminates and you’re outside the U.S.

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Can You Change to B-1/B-2 Visitor Status to Stay Longer?

Yes, you can file for a change of status to B-1/B-2 before your 150th day of unemployment, but it does not allow work or study.

For those running out of time, changing to a B-1 (business) or B-2 (tourist) visa is often a stopgap. If filed properly before your SEVIS termination, you may be allowed to remain in the U.S. while your B-1/B-2 request is pending.

This change can buy you time to prepare for your next steps, such as:

• Getting a new admission from a university.
• Seeking a job offer for H-1B or O-1 sponsorship.
• Planning travel abroad for consular processing.

Important: You cannot work, study, or volunteer under B-1/B-2. It is a temporary visitor status only. Also, transitioning back to F-1 from B-2 is possible but scrutinized and sometimes risky.

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Can You Re-Enroll in School To Stay in F-1 Status?

Yes, enrolling in a new program allows you to maintain F-1 status, but timing is critical. You must either transfer before SEVIS termination or seek reinstatement.

Going back to school is a reliable path to stay in the U.S. legally, but you must act fast. If you get a new Form I-20 and transfer to a new SEVP-certified school before reaching 150 days of unemployment, you can maintain continuous status.

If you miss that window, you must apply for F-1 reinstatement or leave the U.S., get a new F-1 visa, and return, both options come with risk.

Tips for Success:

• Work closely with the DSO of the new school.
• Ensure you have a valid SEVIS transfer before the 150-day deadline.
• Consider online or hybrid programs only if allowed under current DHS policy.

Reinstatement may take several months and could be denied if you engaged in unauthorized employment. Even a few days can matter.

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Are There Family-Based or Employment-Based Green Card Options?

Yes, you may qualify for family-based or employment-based green cards, but they usually require you to be in valid status, or abroad.

Employment-Based Green Card (EB-2 or EB-3):

• Requires employer sponsorship and PERM process.
• You must be in valid status during filing unless applying from abroad.

Note: if you’re from India or China, the EB-2 or EB-3 green cards may not be viable options due to visa backlogs
.
Family-Based Green Card (I-130):

• If you’re the child or spouse of a U.S. citizen, an immediate petition and adjustment of status may be possible, even if out of status.
• If you’re the child of a green card holder, you may qualify for a preference category, though timing is slower.

Extraordinary Ability or National Interest Waiver (EB-1A or EB-2 NIW):

• Strong academic or research background? These self-petition options may apply.
• You’ll likely need to apply from outside the U.S. if your F-1 status is lost.

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Final Thoughts: Don’t Wait, Act Now Before the Window Closes

Approaching the 150-day unemployment limit on STEM OPT is a serious matter, but you still have time and options. Whether it’s changing status, securing a new H-1B employer, returning to school, or even planning a strategic departure to reset your visa path, what you do right now can shape your future.

At VisaPro, we’ve helped countless students navigate these difficult crossroads with compassion, clarity, and creative legal strategies. Schedule a free consultation with our team today to discuss your next best step.

👉 Don’t let the 150-day clock run out, Request Your Free Visa Strategy Session with VisaPro.

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Frequently Asked Questions (FAQ)

1.How many days of unemployment are allowed on STEM OPT?

STEM OPT allows for up to 60 additional days of unemployment beyond the initial 90 days on OPT, totaling 150 days of unemployment across both periods.

2.What happens if I exceed the OPT 150 days unemployment limit?

Your SEVIS record will be terminated. This may result in future visa denials, bars to reentry, or green card ineligibility unless you take action beforehand.

3.Does time spent outside the U.S. count toward OPT unemployment days?

Yes, in most cases. If you’re unemployed while abroad, those days usually count toward the total OPT unemployment period.

4:Can I stay in the U.S. after 150 days of STEM OPT unemployment if I apply for B-2?

If you apply for B-2 before your SEVIS is terminated, you may remain in the U.S. while the change of status is pending. However, you cannot work, study, or volunteer during that time.

5.Can I change from F-1 to another school after OPT unemployment limit is reached?

You can transfer before reaching the 150-day limit. If after, you’ll need to apply for reinstatement or leave the U.S. and return with a new F-1 visa, both of which involve added risks.

Need help understanding your options as the OPT clock runs out?

Talk to a VisaPro immigration lawyer today to explore the smartest legal move, before it’s too late.

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