Does 5 month rule apply to OPT?

Does the five-month rule concerning F-1 students being outside the U.S. for five months or longer apply during the OPT or STEM OPT period? The five-month rule is not applicable to individuals during their OPT or STEM OPT period.

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 F-1?

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 I be out of the US while on OPT?

You are eligible to travel abroad on a temporary basis (less than 5 months) and re-enter the U.S to continue employment.

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 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.

Is it risky to travel while on OPT?

Travel during the OPT application process is allowed, but not recommended as it poses certain risks. Keep in mind the following: You will need to have someone monitor your mail and let you know if you receive any communications from USCIS.

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.

Can I extend my OPT in USA?

You can request your STEM OPT Extension I-20 from ISS as early as 90 days before your current 12-month OPT Employment Authorization Document (EAD) Card expiration date. USCIS must receive your STEM OPT extension application before your current 12-month OPT EAD Card expiration date.

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 I stay in the US after my F-1 visa expires?

The length of your grace period depends on your visa type. F-1 visa holders have 60 days after their program end date to leave the United States. For F-1 students who participate in post-completion optional practical training, they have 60 days after their employment ends to depart.

What is the 30 day rule for F-1?

Enter the United States no more than 30 days before your program of study begins. Immediately contact your designated school official (DSO) when you enter the United States.

What is the 5 month rule?

The five month rule refers to the termination of a student's record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months.

Can I work 20 hours on OPT?

To be considered fully "employed" for post-completion OPT purposes, as opposed to accruing unemployment time, a student must work at least 20 hours per week. If a student has a variable schedule, within a month, it should average out to at least 20 hours worked per week.

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.

Should I tell my employer I am on OPT?

If you have work authorization (such as CPT/OPT) and do not need the employer to petition on your behalf now or in the future, you do not have to discuss your status. However, if you will need an employer to file for work authorization for you at some point then it is a good idea to bring it up before you come onboard.

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 unpaid work on OPT?

Work during OPT does not need to be paid but always needs to be related to your degree.

Can I renew my F-1 visa while on OPT?

Generally, it can be more difficult to renew your F-1 visa stamp while on OPT. OIA would not recommend attempting to renew your F-1 visa stamp while on OPT if you are not currently employed. Please feel free to contact an advisor at the Office of International Affairs if you have questions.

Can I go to India on OPT?

If your OPT has been approved, and you have your EAD card, you can travel internationally. You can re-enter the U.S. in F-1 status before the start date or after the start date of your EAD card.

Can you stay in US while waiting for OPT approval?

Processing Time for Your OPT Application

Note on the 60-day Grace Period: Students who have submitted an OPT Application with USCIS in a timely manner may remain in the U.S. after their grace period ends to await adjudication.

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.

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 to do if OPT is denied?

If your I-20 has not yet expired and your OPT application was rejected due to errors in the materials submitted, you can reapply for OPT. It is crucial to submit your new application within 30 days of the denial letter, ensuring that the materials are complete and meet the required standards.