90 Days of Unemployment = Out of Status (17 Months OPT)
By HSB
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.
Related posts:
- F1 OPT Extension – Summary and Analysis
- Links : 29 Months OPT Rule Extension Details
- OPT Period Set to Increase : 12 Months to 29 Months?
- OPT – 17 or 29 Months?
- 29 Months OPT – Rules and FAQ’s
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.