Course ended last week, OPT application in process, No job yet

[kas2013]

Hi experts,

 

This is regarding my spouse who has completed her MBA coursework last week. As per her I-20, the completion date was yesterday. We applied for her OPT EAD in April and it is still under process. The start date for OPT that we requested is 1st Aug.

 

We have following questions with respect to this. It will be very helpful if someone can answer the same:

1. We are still looking for a job. What happens if she doesn't get a job by OPT start date of 1st Aug? Will she legally get any grace period like 90 days post OPT start date etc to still look for a job?

2. Although the course ended this month, we applied for 1st Aug as OPT start date after consulting the college and keeping some time for searching job. Hope this does not violate any law. Meaning - for the month of July when the OPT EAD application is in process.

3. In the worst case scenario wherein she doesn't get a job, when should be an ideal time to apply for her COS to H4?

 

Any suggestions in this regard will he highly appreciated.

 

thanks

[livliv]

90 days of unemployment is allowed during hte 12 months of OPT. All changes in employment status (including unemployment) must be reported to the school's DSO and they will keep track of it in SEVIS.

 

OPT can start up to 60 days after course end date.

 

She can apply for COS after she completes 90 days of unemployment (on the 90th day if electronic or around day 80 if by paper, to allow receipt date). There may even be a 30 day grace period after the 90 days.

[kas2013]

Thanks LivLiv. Appreciate your response. I have just one more question - in I-94 since there is no end date mentioned, the DS (duration of stay) is decided by what's mentioned in the I-20 (and updated in SEVIS). My spouse's I-20 end date was last week. So, between now and the time when her OPT starts (1st Aug), her stay in the US will still be considered legal - is it correct?

 

Thanks again for your suggestions.

[livliv]

Yes, perfectly legal. I-20 is not the only determinant of duration of status. It is actually maintained in SEVIS record.