New rules emerge about 17 Months Post Completion OPT Extension. First came 17 Months OPT Extension proposal, then came the approval for 17 months Extension for Post completion OPT. Since it was new rule, there was confusion among students about applying for 17 or 29 months Optional Practical training.
But, it was made clear about new students applying for OPT can apply for only 17 months and students currently in OPT can apply for 17 months extension.
Good and Bad:
Good part of 17 months Optional Practical Training is for students who did not get H1B Visa through the lottery system, can get to stay little longer in U.S. which gives them advantage to apply for H1B visa in next year or hopefully the Bill to increase H1B Visa to 130,000 will be passed, after Bill Gates presented to the congress about the importance of the H1B Visa to U.S. Economy. So, that was the good side of 17 months OPT extension.
But, the bad part and probably many students will not be aware of the fact, if students apply for 17 months Post completion Optional Practical training extension, they should be working for some employer. 17 Months OPT extension rule dosen’t allow students to stay unemployed more than 120 days.
If you have applied for 17 OPT, new rule dosen’t allow students to remain unemployed for more than 90 days. I got the information from couple of sources, 17 months OPT Extension from USC and NAFSA )
I will write more details once I get more accurate information about Unemployment period under new OPT rule.
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{ 26 comments… read them below or add one }
Hi,
I graduated in May2010. I am currently doing voluntary work for a company (No paycheck). I did this to remain on OPT status till I find a full time job. Now I want to go to India for 3 weeks in Novenmber for personal reasons. Can I come back to US to continue the voluntary work at the company. I can get a letter for the firm that I am working for them. However, I will not have any paychecks to support that. Do I need any other documents? Please let me know.
Many Thanks,
Mah…
Hey..I am about to complete my graduation on AUG 23rd and my OPT start date can be anywhere from AUG 24th to oct 24th (2 months ) . I some where heard that the buffer period would be around 3 months but its only 2 months here . My college advisor said I will have to put the start date with in two months . Is it called buffer period ? Will starting the OPT date immediately effect anything later ?
Hi,
I just completed my masters and the starting date on my EAD is June 29th, 2010. Well, I am working voluntarily under my professor continuing my research work.
Now, I need to go to India for nearly 4 months for personal reasons and during this time I would still continue to work for my professor from India and would still continue to work when I return, until I get fulltime employment.
However, I was told that any travel outside the US while on OPT would count toward the 90 day unemployment limit, so in my case, there would be about 120 days outside the US.
On some places on the internet, I saw people saying that travel outside the US on OPT while employed does not count toward the unemployment period. So now I am confused. Does this even apply to volunteer positions?
Please let me know!
AS far I know travel outside US will count towards unemployment period. Consult an immigration attorney. (http://www.happyschoolsblog.com/h1b-memo-employer-employee-relationship-presentation/)
Hello HSB,
I need some advise from you. I will be on OPT from August 15th.And I am searching for jobs. But if I work in a organization as a volunteer the 3 months cap doesn’t apply. I have to fly to India for a month in December as it is very important and I can’t cancel it. So can I visit India on my OPT with a letter from the organization where I volunteer or is there anything else I can do to get back in worst case if I don’t have a job by then.
Meghna
I got my OPT extention from a everified employer and now got a fulltime job and started working and after 20 days I came to know that I have to be with an everified employer in 17 month OPT extension. My new company told me they will everify the company —- so will this be a problem or can I submit the new company everification number for university purpose updates.
Hi HSB,
I got full-time job in a non-profit research institute when I was doing my masters. so i was working full-time for 2 semesters with my CPT till december. On december 15 th I graduated, so when i applied for opt, i gave the start date of my opt as dec 15th so that i can continue working there. Unfortunately, I couldn’t get my opt card on time. Till then, even my institute dint ask me for the card, since I had the I20 with OPT requested date as dec 15th, I was hoping that I can show that to my International officers, if they ask and keep working. I was expecting the start date in my card to be dec 15th, but i received my card on feb and the start date is the OPT approved date feb 4. Meanwhile, my international officer asked me to show the authorization on feb 2 nd. I showed my I20 dated dec 15 and she updated in her database without asking me for card.as per the card I am not allowed to work on Jan month but i did and i have the pay check too. So please advice me what all the issues i may probably have and how to fix this issue?
Thanks
You cannot work when waiting for OPT. Hopefully there will not be any issue, but talk an immigration attorney, if anything can be done.
Hi,
I have doubts about the unemployment period during OPT.
1> How long a student after receiving an EAD card, can be in unemployment? (I believe its 90 working days)
2> Suppose start date on dec 24, 2009 and if candidate finds a job on jan 1, 2010. Does these 5 days (excluding holidays) will count in maximum unemployment period?
3> Start date is dec 24,2009 and If candidate works till june 1, 2010. After this peroid (june 1) how long can he be without employment?
Thanks for your answers.
~ Guru
answers to your questions are posted at http://www.happyschoolsblog.com/qa-90-days-unemployment-period-in-opt/
Hello HSB,
I need some advice. This happened in 2001. I was on OPT which expired in May and i stopped working temporarily although still employed. My employer had already filed for an H1-B in April. An RFE was sent in August with a 12 week period for response but my employer could not provide the RFE evidence and my employment ended in end of August. I left the US before the 12 week deadline for the RFE. My question is when do i become out of status. Did it apply 60 days after the RFE deadline or 60 days after my employment end date.
Thank you for your help
After completion of my masters if i wont get the job then after how much time US government will throw me out of their country or is there any way out to deal it
I have OPT Card and it expires within 2 week can i save my status if i join some school or still i have a chance to go to school after 2 week period..Please give me any other option..My first I-120 have validation till this december can i used that I-120 for maintaining my legal status in US..
Hi,
This article really clearly most of the doubts i had but i still have one question for you.
I have been working for an e verified employer from past 5 months and recently i came to know that i will be laid off next month. I am planning to apply for my OPT extension knowing that i will no longer be working for this employer after a month. But does this effect my OPT extension approval in any way. Because it would take atleast 3 months to recieve approval but (I WILL NOT BE WORKING FOR THIS EMPLOYER ANYMORE ) and i will be jobless at that point.
CAN ANYONE HELP ME OUT IN THIS ASPECT?
Sarin.
Hi,
My H1B petition was filed by my company this year under premium processing and it is approved. Due to slow business, my company is planning to layoff ppl. My question is will my company get back the amount they spent for my H1B processing after it is approved? I just want to know how the layoffs can effect me (my OPT expires in dec’09)…
your response is greatly appreciated
thanks
Anil
If I was unemployed for more than 90 days of my OPT, but recently I got a job offer and the company is willing to sponsor me for H1B visa this April. Am I still eligible for the H1b?
I also applied for graduate studies to start in this Fall just in case I don’t get the visa. Will that help to keep me in status?
Thanks
@Teresa – If you didn’t have job in OPT ( STEM) field for more than 90 days and if you were in F1 status, you are out of status. If you are not able to prove that you were in status till you get H1B changed if query or RFE comes, then you are in for trouble. Talk to an Immigration attorney, they are the person to whom you should be consulting now. Not posting message in forums and waiting for responses.
I have little doubt in the OPT status.
suppose we get opt card in feb’08 and I get job in March’08. I am on safe side with valid OPT status.
1) but what happen if company fire me after first 3 month(March,April,May) & then after I am not able to get another job until my OPT finish in feb’09.?
2) can I eligible to file h1b in april’09 ?
3) Though, I got job in frist between 3 month & then I lost the job, so am I on status of OPT or not ?
Hi,
I have a question. Iam on my OPT and it expires in dec’09.I worked for 2 months with an employer but due to bad business, they want me to put me on voluntary work(no pay) with them and it is in the same field of my study. Can they file for my H1B this year (April’2009) though Iam not paid during this period. I have the recent pay stubs, can they be used for H1B filing? Your response will be highly appreciated.
Thanks
@Anil – If you volunteer in your field for 20+ hours per week you will be in status. That period will not count towards 90 days. But if any query comes up regarding your status you should be able to prove.
thank you for the response !!
Is there anyway that you can get an extension if you don’t find a job in the first 3 months of your OPT ?
I don’t think there is a way for that. You will be out of status if you don’t find a job in 90 days in OPT.
Hi there,
I really find your blog useful. But I have a question for you. My university immigration advisor told me that I have 90 days after my OPT to leave the country….I just want to confirm with you…is it 90 or 60….I have read many blogs saying its 60…I am confused….
this is a really helpful blog, thanks.
My question is: I have been working for a U.S company in NY for the past 7 month, on my OPT F1, they want to sponsor me and get the H1B visa.
My OPT will expire in January 16 2009. My degree is a B.S in Business.
If they file the application for H1B in April.
What can the company do to keep me working there?
Thank you
@Arthur Kuyumjian: I don’t think there is anything that is possible to do, so you can work. If you’d like to stay in status after Jan 16 2009, you can register for a course and get CPT and work for the company. But, universities don’t give CPT in first semester. Check with the same school where you completed B.S. Business.