OPT Possibility within 10 years of MS graduation


eram17

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Hello,

 

      I'm currently doing 2nd year of Masters under STEM Category.

 

I have also applied for H1B Visa this year.

 

My Question is,

 

1) If i got the H1 selected and approved, my status will change from F1 to H1. And I can use the H1 for 6 years.

2) After 6 years of working in H1, if i want to use the OPT and OPT Extension relevant to the MS that I'm doing now. Is it possible?

 

I read in a site that, the OPT and OPT Extn can be applied and utilized anytime within 10 years of completion of Masters provided the university is accredited during the time of applying OPT.

 

 

Please clarify.

 

Thanks in Advance,

Praveen.

 

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I read in a site that, the OPT and OPT Extn can be applied and utilized anytime within 10 years of completion of Masters provided the university is accredited during the time of applying OPT..

 

Complete BS.

OPT is part of the F1. Once you change to another status, that OPT is gone. Can no longer be used.

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From MURTHY website: Prior Degree as Basis for STEM OPT

Under the 17-month STEM OPT regulations, the STEM OPT could be based only upon the student's most recent degree (i.e. the degree that resulted in the grant of the 12-month OPT). Under the new regulations, however, STEM OPT is available to a non-STEM graduate with 12-month OPT if the person completed a qualifying STEM degree in the United States within the past 10 years. Further, to qualify for this benefit, the position must relate to the STEM degree.

 

As per the article only OPT extension can be used in 10 years. In your case your are trying to defer OPT to be used after 6 years on H1. IMO this is not possible. 

Since you are doing masters in STEM  program you have 12+ 24 months of OPT  available to you as of today.

You cant have your cake and eat it too.

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Yes, this is rather different: If the person is doing OPT based on a non-STEM degree right now, and the person got a STEM degree in the previous 10 years, then the person can get the STEM extension.

And in addition, since OPT is granted only once for a particular degree level, this would only be possible if the person got a higher degree now. Example: bachelor in CS earlier, MBA now.

So, it is doing OPT STEM extension later in very limited circumstances.

Certainly not doing the normal OPT 10 years later, which was what the OPT claimed to have seen on some website.

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