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It depends

Can I stay in the US if I am not selected in the H-1B lottery?

It depends. Not being selected does not by itself give you status, but you can remain lawfully if you still have valid F-1 OPT/STEM OPT time left, or if you change to another status such as O-1, an employer transfer to a cap-exempt H-1B, a treaty category (TN, E-3, H-1B1), or returning to school in F-1. Many people simply re-enter the lottery the next year while staying in a valid status. If no status or authorized stay applies, you generally have a 60-day F-1 grace period and then must depart.

Watch out

There is no automatic stay for being unselected; once OPT and the 60-day grace period end without another status, you must leave the U.S.

Source: USCIS, H-1B Electronic Registration Process

Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.

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More on h-1b & the lottery

YesCan a cap-exempt employer hire me on H-1B without the lottery?YesCan I register for the H-1B lottery with more than one employer?Usually yesDoes a US master's degree improve my H-1B lottery odds?YesCan I keep working after OPT ends if my H-1B is selected (cap-gap)?

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