OPT GAP after MBA Graduation

Question

Hi,
Thank you for your useful information about OPT and H1B.
i have a question: i am graduating in May 9th, 2009 for my MBA degree; and i am thinking to have a delay OPT start date on July 9th,2009. However, even if i can find an employer who is willing to apply H1B for me in next April; i will still be out of status between July 9th 2010 and October 1st 2010, right? what should i do between those three months? will i be illegal staying in the U.S?
Your reply will be greatly appreciated.

USCIS introduced a new rule last year to eliminate the OPT Cap Gap issues. So, after you file H1B and till you hear from USCIS you can continue to work and stay legally. You will be considered to be in status. If in case you get H1B denial notice, you will be out of status. Read the articles under OPT category for more details on OPT Cap Gap.

Useful Links for OPT (Optional Practical Training)

Students graduating with Masters degree have lots of confusion on when to graduate and how the 17 months OPT rules will impact if H1B Visa is not selected in the lottery. I spend some time today looking at  various immigration attorneys websites and USCIS portal. Read more

29 Months OPT – Judge Says “Yes”

Few weeks back there was law suit to cancel 29 Months OPT Rule. There were many questions from students, and it was obvious many will be worried, if 17 months OPT extension was canceled. But, here’s judge’s verdict Read more

Federal Law Suit – 29 Months OPT will be cancelled?

USCIS had approved students to extend the OPT period to 29 months, that will allow students with STEM degree to work for additional 17 months if H1B visa is not approved. That was welcome news, but there is always going to be resistance from group opposing H1B Visa policy in general. If the lawsuit is won, then 29 Months OPT rule will be void. So, we have to wait and watch. Law suit was filed on May 29, 2008. Read more

F1 OPT Extension – Summary and Analysis

I spoke to few students about Optional Practical Training ( OPT ) after new rule to extend OPT to 17 months more months regulation was approved. But, there were some much confusion among students about the new rules. You can find answers to following questions

• Automatic H1B Cap-Gap Extension under Certain Conditions
• Basic OPT Rules Remained Unchanged
• Pre-Completion OPT
• Post-Completion OPT
• Extension of Post-Completion OPT by 17 Months for STEM Students
• Maintaining F-1 Status While on OPT
• New Filing Deadlines and Timing
• Unanswered Questions
• F-1 Consular Notification versus Change in Status
• Additional Information for Eligibility as a STEM Degree
• F-1 Students 2007 Graduates Filing for H1B Change of Status
• Automatic Extension Possible Even if H1B Petition Denied
• Pre-Completion Use of OPT

and much more from OPT Extension Interim Rules- Summary and Analysis

Links : 29 Months OPT Rule Extension Details

New rule was approved that would help students to extend OPT period by another 17 months to a total of 29 months. Here are few details about the new rules that was approved

New 29 Month Optional Practical Training Rule Details from USC

17 Months Extension of Optional Practical Training (OPT) – Murthy.com

F1 OPT – Some fields can extend OPT to 29 months

17 Months OPT Approved

Previously I had written article about proposal made to increase OPT to 17 to 29 months. After that bill was proposed and dramatically, the OMB approved yesterday in “three days” USICE regulation to extend OPT for 17 months for certain qualified OPT F-1 aliens. The extension does not take effect until the regulation is published in the federal register. It is anticipated that USICE will publish this rule as quickly as possible.

There are is a major advantage to students with increased OPT period. I will discuss about the advantages in the next article. Also, I will provide updates as new information about OPT extension comes out.