Does 5-month rule apply to OPT?

Classes at the new school must begin within 5 months of the transfer release date or the end date on the EAD, whichever is earlier. Students may request a release date in the future and continue working on OPT until that date as long as the EAD has not expired and the new program of study has not yet begun.

What is the 5 month rule for OPT?

This regulation states that if an F-1 student misses more than five months of classes, their F-1 status may have been compromised. The length of the absence and whether it was unintended or purposeful both have a role in whether this is a violation.

What is the 5 month rule for international students?

F-1 Student 5-Month Rule – Reentry after absence of more than 5 months. If an F-1 student is out of the United States for more than five consecutive months (and not on study/research abroad), their SEVIS Record must be terminated.

How many days can I stay in the US after OPT?

The Grace Period: After completing your OPT, you are eligible for a 60-day grace period. During this time, you may travel within the U.S., transfer your SEVIS record to a new school, request a change of level if you are starting a new program at the UW, or apply to change status to another visa category.

How many months of OPT do I have?

Twelve months of Regular OPT is available for each higher level of study. (For example a student may have 12 months for a bachelor's degree and another 12 months for a master's degree.) Pre-Completion OPT: Any portion of OPT used before the student's Program End Date. It may be part-time or full-time.

OPT: When to Apply 5/9

What is the 14 month rule for OPT?

The authorization for post-completion OPT must be completed within a 14-month period following the completion of study. The requested end date cannot be more than 12 months after the requested start date.

What is the 90 day rule for OPT?

Students on post-completion OPT may have up to 90 days of unemployment. The 90 days start counting from your approved OPT/EAD start date (not the recommended start date nor the program end date on your I-20) and are cumulative.

What happens if you overstay OPT?

Overstaying on OPT (Optional Practical Training) can have serious consequences for your immigration status. Typically, if you overstay your OPT by more than 180 days but less than one year, you may be barred from reentering the United States for three years.

What happens if I lose my job on OPT?

Yes, students on STEM OPT may be temporarily unemployed. Under standard post-completion OPT, you receive a 90 day allotment to be unemployed. When you receive the STEM extension, you receive an additional 60 days to be unemployed giving you a total of 150 days of unemployment during your entire OPT time.

How do I keep F-1 status after OPT?

F-1 students on OPT must find and report a job as part of maintaining status. F-1 students may not exceed 90 days of unemployment during their 12 months of Post-Completion OPT, and must report their employer's details in a timely manner.

What is the 5 month rule?

This rule, as the name implies, means that F1 visa holders who are studying in the United States may leave the country for a period of no more than five months before returning and resuming their studies.

How long can F-1 students be out of status?

US Immigration law states that individuals in the US for more than 180 days without a valid status are banned from returning to the US for at least 3 years. Individuals in the US for more than 1 year without a valid status are banned from returning to the US for at least 10 years.

How long can you stay in US after graduation as an international student?

International students are allowed to stay 60 days after graduation or after the program end date to wrap up their affairs, do some tourism, whatever. If they're going to work an optional practical training or opt in non stem degree areas, they may work one year and in STEM degree areas they may work three year optos.

How long can I stay unemployed on OPT?

Students with a 12-month Post-Completion OPT authorization cannot be unemployed for more than 90 days. This is aggregate, meaning that if you have 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.

Can I work more than 40 hours on OPT?

There is no maximum number of hours that can be worked while on STEM OPT, but because there is a minimum, it may be difficult to work for more than 2 employers. For example, if you work for two qualifying STEM OPT employers, at a minimum, you would need to be working 40 hours per week.

How many times can OPT be extended?

A student may participate twice in the STEM OPT extension over the course of their academic career. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial (usually 12-month) period of post-completion OPT.

Should I tell my employer I am on OPT?

If asked this question in an interview setting, it's a good idea for a student to start by explaining that they have the legal right to work in the US for the number of months available to you under OPT (for F-1 students) or Academic Training (for J-1 students), which requires no work on their part.

What happens if I exceed 90 days of unemployment on OPT?

You must report all periods of unemployment in the SEVP Portal. Exceeding 90 days of unemployment may result in the termination of your SEVIS record as your unemployment is monitored by SEVP. See SEVP Portal for OPT Reporting for more details.

Can I do an unpaid job with OPT?

Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that you worked at least 20 hours per week during the period of employment.

What happens if I stay more than 6 months in USA?

To avoid overstaying your period of stay

Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.

Can USCIS reject OPT?

USCIS enforces the "30-day rule" for OPT applications, requiring applicants to submit their OPT applications within 30 days of the OPT start date recommended by the DSO. Failure to meet this deadline will lead to USCIS rejecting the application.

What happens if f1 visa expires while on OPT?

Your F-1 status will end. If you are approved for OPT/STEM while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States. If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment.

Does USCIS check employment history -- for OPT?

Does USCIS Check Your Work History? The USCIS will check an applicant's work history. With that, you will need to provide certain information for each employer—whether you have worked abroad or in the United States for the past five years.

What happens if I apply for OPT but don't graduate?

What happens if I apply for OPT but don't complete my degree as planned by the I-20 end date? If your OPT application is not yet processed by USCIS, you may withdraw it. If your OPT application has been approved by USCIS, you may work part- time only on approved EAD while finishing academic work.

Can you work 60 hours on OPT?

For pre-completion part-time OPT, you cannot work for more than 20 hours a week. For pre-completion full-time OPT, you can work for more than 20 hours a week but not more than 40 hours a week. You need not have a job offer in hand while applying for an EAD card for a pre-completion job.