OPT Eligibility criteria

[darklord1984]

Hi,

 

In order to be eligible for post completion OPT, does a student have to be continuously enrolled as a full time student specifically in F1 status for one academic year at a school? Can the student be enrolled as a full time student in H4 status for a part of the academic program, and then apply for a change of status to F1 such that the approval would come in just before graduation, and still be eligible for post completion OPT?

 

Thanks.

[catx]

Under the immigration laws, regulations, and rules a foreign student is eligible for post completion OPT employment authorization if they are on a F-1 visa when they graduate (a F-1 visa itself requires that the foreign national be a full time student).  However, and this is a very important point, the university / college the foreign student is attending has the right to add further requirements for post completion OPT employment authorization.  A common further requirement by the university / college is that a foreign student be on a F-1 visa for at least the 1 year prior to graduation.  Accordingly, you need to consult with your university / college international students office / DSO regarding the school's requirements for post completion OPT employment authorization.

[jairichi]

Hi,

 

In order to be eligible for post completion OPT, does a student have to be continuously enrolled as a full time student specifically in F1 status for one academic year at a school? Can the student be enrolled as a full time student in H4 status for a part of the academic program, and then apply for a change of status to F1 such that the approval would come in just before graduation, and still be eligible for post completion OPT?

 

Thanks.

OPT eligibility differs between schools. But, in the situation you had posted it is not possible.

[AjayBabu]

Hi, 

 

Could someone help me in knowing, how can i maintain status and stay in US. Below is my case -

 

F1 Expired : Nov 30 2013

OPT Stem will Expire : June 1st 2014

H1B applying for 2015 in April 1st 2014 Quota

 

I know, if H1B is picked in the lottery and approves, CAP GAP will be valid till Oct 1st and everything is good.

 

In case, H1B application is not picked - within 60 days, I have to leave the country. 

 

Could some one let me know alternate ways to remain in US. If I apply to some university now for F1, will my status change to F1 now and will that be a problem in my H1b approval ? Please help

[t75]

You cannot remain without employment or other valid status. Why would you waste time on a degree you don't need when you could return home and get EXPERIENCE which is more valuable to a career than an unfinished degree?

A US DEGREE WAS NEVER THE GUARANTEE OF A US JOB.  If I had my way, one would be unable to apply for a work visa if they dropped out of a degree program before completion; one would have to exit and reenter only after the termination date of the degree program. The US educational system is NOT simply a way for foreign nationals to live in the US, People who abuse it are depriving legitimate students the opportunity of attending and wasting the university's resources.

[F1struggle]

darklord - I had a 4 semester program, my F-1 status kicked in at the beginning of the third semester. My final semester was only thesis registration ( reduced course load). I started my OPt at the end of my 4th semester/program.

 

catx and jairichi are correct - USCIS requires one year of full time enrolment for eligibility but the school is free to roll this up.

 

Ask your DSO, say you are planning for graduation and OPT eligibility and need this informaiton.

[F1struggle]

Hi, 

 

Could someone help me in knowing, how can i maintain status and stay in US. Below is my case -

 

F1 Expired : Nov 30 2013

OPT Stem will Expire : June 1st 2014

H1B applying for 2015 in April 1st 2014 Quota

 

I know, if H1B is picked in the lottery and approves, CAP GAP will be valid till Oct 1st and everything is good.

 

In case, H1B application is not picked - within 60 days, I have to leave the country. 

 

Could some one let me know alternate ways to remain in US. If I apply to some university now for F1, will my status change to F1 now and will that be a problem in my H1b approval ? Please help

 

I think you mean that you completed your program and are about to finish one year of OPT? If that is correct, then you need to depart the country within 60 days or apply for a change of status within 60 days of your OPT expiration. IF you have an admit to another university, then you can pursue that as well.

 

Good Luck

[varunbanez]

this reminds of another ques. someone said i can not get OPT because my masters degree in US is of one year that is MA in media production. how correct is that ?