💼 WorkAsked by: AC · Сан-Хосе, CA · April 13, 2026

Not selected in the H-1B lottery. What are my options to stay in the US?

I'm on F-1 OPT expiring in August 2026. My employer registered me for the FY27 H-1B; I wasn't selected. What can I do next?

H-1BOPTSTEM extensionL-1O-1
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Answers (1)

ИФ
Answered by
Ilya Fishkin
Immigration attorney, 18 years of practice · April 13, 2026

To Anna's list I'll add a strategic point: if you're aiming at a green card in the medium term, evaluate your profile for EB-1A and EB-2 NIW now, not later. Both are independent of the employer and have no lottery, but they take several months to assemble (recommendation letters, articles, patents, talks).

If EB-1A/NIW is realistic, file I-140 in parallel with the move to STEM OPT. Once the I-140 is approved, any future H-1B extension is more reliable.

If nothing else fits, F-1 → degree program (master's or PhD) is a working strategy for additional OPT and more lottery attempts, but it's a 1.5-5 year investment.

Ask this attorney a follow-up in private

⚖️ This is not legal advice

This answer is published for informational purposes and addresses a typical scenario. Every immigration case is unique — always consult a licensed attorney before acting.

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