Question on OPT - if someone did their OPT, worked on H1B later and then go back to school will they receive a OPT again

[sushil76]

My fiance did her Masters in the U.S in 2002 and received her OPT. She then got her H1B in 2004 and was on H1B in the U.S till 2008. She then went back to India in 2008 for 4 years and is now back in the U.S to pursue another Masters degree. Is she eligible for another OPT since she is doing a Masters degree again? What are the chances that she will get a OPT again?

[Attorney_25]

Generally, a total of 12 months of OPT is permitted at the same level of study. If 12 months were previously granted, then no more OPT unless studying at a higher level.

[sushil76]

Thanks for responding. So if I am correct, even if the person leaves the U.S for a few years and comes back on a fresh F1 visa, they can't do an OPT unless they study at a higher level

[catx]

You are correct. For (post-completion) OPT, the student can file for employment authorization up to 90 days prior to the program end-date and must file no later than 60 days after the program end-date. Also a student must complete all practical training within a 14-month period following the completion of study. Once the period has passed there is no opportunity for OPT for that degree level.

[JoeF]

Thanks for responding. So if I am correct, even if the person leaves the U.S for a few years and comes back on a fresh F1 visa, they can't do an OPT unless they study at a higher level

Correct.