OPT query [second masters]

[vputhuko]

I graduated in 2003 with an MS in Computer Engineering from xxx University. I had applied for an OPT and got an EAD then but didn't stay in US and instead chose to return to my home country without working even for a single day. Now I am currently pursuing my MBA at yyy university. I joined the course in 2013 and hope to graduate by 2015 May. I understand that there have been some recent changes made to the OPT extension rule by which I can avail 17 month extension using any of my previous degrees. I believe my first degree is eligible for STEM. I am eager to know if I will be eligible for an OPT (since I hadn't availed an extension earlier) once I graduate out of my MBA program.

 

[JoeF]

No, that old OPT is gone, and you can't do any STEM extension based on that old F1.

[jairichi]

I graduated in 2003 with an MS in Computer Engineering from xxx University. I had applied for an OPT and got an EAD then but didn't stay in US and instead chose to return to my home country without working even for a single day. Now I am currently pursuing my MBA at yyy university. I joined the course in 2013 and hope to graduate by 2015 May. I understand that there have been some recent changes made to the OPT extension rule by which I can avail 17 month extension using any of my previous degrees. I believe my first degree is eligible for STEM. I am eager to know if I will be eligible for an OPT (since I hadn't availed an extension earlier) once I graduate out of my MBA program.

You will not get an OPT as you had your chance when you applied after you graduated with a M.S in Computer Engineering. You will be eligible for an OPT only if you do a PhD.

[skc40]

This may not be true.

 

MS in Computer Engineering and MBA are a completely different field.

 

I knew a friend who got OPT approved twice while pursuing different bachelors degree. First, he was enrolled into one program-graduated, applied for OPT, used it and then joined different university to pursue other career. Graduated and applied for OPT- OPT got approved again. This was between the period of 2005 -2008. 

 

The international office at your university will have more answers about this. But as JoeF said, you can't use Comp. Engineering degree for STEM extension. With MBA, the most you'll able to is 12 Month OPT- no extension. Or else, go for PHD with STEM degree for the extension. 

[JoeF]

 

This may not be true.

 

MS in Computer Engineering and MBA are a completely different field.

 

I knew a friend who got OPT approved twice while pursuing different bachelors degree. First, he was enrolled into one program-graduated, applied for OPT, used it and then joined different university to pursue other career. Graduated and applied for OPT- OPT got approved again. This was between the period of 2005 -2008. 

 

The international office at your university will have more answers about this. But as JoeF said, you can't use Comp. Engineering degree for STEM extension. With MBA, the most you'll able to is 12 Month OPT- no extension. Or else, go for PHD with STEM degree for the extension. 

 

Since the OP already got OPT for one degree, he can NOT get another OPT for the same degree level. That's in the law. Once a person has used OPT for one degree level (here, Master), the person can only get another OPT for a higher degree level.

That means the OP can not get OPT for the MBA (The M in MBA stands for Master, i.e., and MBA is on the same degree level as his previous MS degree.)

[skc40]

Thanks for reminding M for Masters in MBA. Well, I know at-least two person who got second OPT in Bachelors degree, but with two different degrees. Since, there are multiple queries related to second OPT with different degree at the same degree level, I did tried to find OPT rules in USCIS website (including ICE) regarding this, but was nowhere to be found-- Maybe you could help the OP and me in finding the details about this.

[t75]

OP can get H1B based on previous degrees.

[JoeF]

Thanks for reminding M for Masters in MBA. Well, I know at-least two person who got second OPT in Bachelors degree, but with two different degrees. Since, there are multiple queries related to second OPT with different degree at the same degree level, I did tried to find OPT rules in USCIS website (including ICE) regarding this, but was nowhere to be found-- Maybe you could help the OP and me in finding the details about this.

It is NOT allowed by law.

Even if some people slipped through, they will get into trouble later.

Again, the LAW does NOT allow multiple OPTs on the same educational level. Period. End of story.

[JoeF]

Oh, and this is in 8 CFR 142.2(f)(10):

"A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level."

[skc40]

Oh, and this is in 8 CFR 142.2(f)(10):

"A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level."

This helps, thanks for the info.

[JoeF]

Oh, and this is in 8 CFR 142.2(f)(10):

"A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level."

Oops, typo:

8 CFR 214.2(f)(10).