Eligibility for OPT?

[dpax]

Hello,

My case:

I was enrolled as a full time student in a Master's program at a university for 4 continuous semesters during the years Spring 2008 to Fall 2009. Then before graduating, I transfered to another school to pursue a diploma level course for a year. I finished that year long diploma course and also pursued OPT under that field for another year. This was during the period March 2010 to April 2012. Now I have come to my old university, enrolled in the Summer 2012 semester to continue the master's degree and want to graduate and pursue OPT at Master's level from August 2012. But the International Services officer isn't sure if I am eligible for OPT now because of the following clause:

"An F-1 student who has attended an SEVP-certified college, university, conservatory, or seminary on a full-time basis for at least one academic year may be authorized for up to 12 months of OPT per education level."

She thinks I would need to be enrolled again as a full time student for another year now before I could be eligible and not just a summer semester. I think my previous enrollment during the years 2008-2009 for the same degree, should be satisfy the above clause. My SEVIS number/id never changed at any point during this entire process and I have always maintained my F-1 status correctly. Please suggest appropriately.

Thanks,
Archana

[nehs]

So you did not use OPT from a master's level yet?
Then I believe you can use OPT this time but you have to be a full-time studentfor 2 semesters before becoming eligible for OPT again.

[dpax]

Yes I havent used OPT on master's level yet. Also, is it necessary for me to be a full time student just prior to applying for OPT? I have already been a full time student for 4 semesters earlier for the same degree. I am now just coming bak to complete it.

[nehs]

Yes I havent used OPT on master's level yet. Also, is it necessary for me to be a full time student just prior to applying for OPT? I have already been a full time student for 4 semesters earlier for the same degree. I am now just coming bak to complete it.

How did you work on OPT without completing the degree then? I don't understand your question;
If you used OPT after being a full-time student and now returning for a different degree then you need to fulfil a one-year requirement again. If you are continuing your degree then I'm not sure how this works.

[dpax]

The OPT that I already used was from a different degree (Filmmaking) and also at a lower level (Diploma/Bachelor's). So I know that I am eligible for another OPT at a Master's level(MS in Comp Sci.), which is at a higher level. Also, I have already been a full time Master's (Comp Sci) student for 4 consecutive semesters, as mentioned in my 1st post in the order of the years. My question is, is it an absolute necessity that the requirement to be a full time student for one academic year, need to be just before applying for OPT? Here is the breakdown in case it wasnt clear in my earlier post:

Spring 2008 - Fall 2009(4 consecutive semesters, 2 academic years): Arrived in the USA on F-1 and enrolled full time in MS in Computer Science at University X. Completed most of the required course work and credits, but did NOT graduate.
Spring 2010 - Fall 2010(2 consecutive semesters, 1 academic year): Transfered to University Y as a F-1 full time student for Diploma in Filmmaking. Its a bachelor's level degree.
April 2011-April 2012: Used OPT under the Filmmaking degree (Bachelor's level).
Summer 2012(May 2012): Transferred back to University X, enrolled as a part time student, because I only need to defend my thesis to graduate with the MS in Comp Sci that I had initially taken up. Plan to graduate in August 2012.

Now am I eligible for OPT under the MS from University X, from August 2012 onwards?

[nehs]

I understand your situation now. Thanks for posting back.

I'm not really sure if you can use your previous academic status for OPT because you were at a different degree level between these two time periods(doing your bachelor's degree).

Here's a link that has useful info on OPT
proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf

[dpax]

Thanks for that link. I do think after researching through all of these different resources of info, I am perfectly eligible for the OPT now because I do satisfy every criteria. I guess now its upto the University X's international service folks to really apply their brains and understand the situation.

[nehs]

Thanks for that link. I do think after researching through all of these different resources of info, I am perfectly eligible for the OPT now because I do satisfy every criteria. I guess now its upto the University X's international service folks to really apply their brains and understand the situation.

Good Luck. Many schools fail to think logically on these subjects. Anyway, tell them that you are eligible and you wouldl ike to have the documents to go ahead and apply.
Keep us posted, if you can.

[dpax]

Just got a reply from the school saying that I am not eligible for OPT now but have to register in Fall 2012 semester and graduate in December to be able to get it. I dont know if that makes sense either because technically Summer+Fall isnt "one full academic year of enrollment" if that's what they are suggesting me to acquire. I wish someone who knows the exact information could tell me for sure about what the workaround for this could be.

[dpax]

Also, in the worst case, if I decide to postpone my graduation and enroll in Fall 2012 sem, will I be eligible for CPT?

[nehs]

Just got a reply from the school saying that I am not eligible for OPT now but have to register in Fall 2012 semester and graduate in December to be able to get it. I dont know if that makes sense either because technically Summer+Fall isnt "one full academic year of enrollment" if that's what they are suggesting me to acquire. I wish someone who knows the exact information could tell me for sure about what the workaround for this could be.

Well, I was pretty sure that you are not eligible. You definitely need to have 9 months in full-time student status to be eligible for post-completion OPT/pre-completion OPT.
CPT is a tricky thing and it depends on the school. Some school allow CPT from day one of classes(20 hours a week) and some allow CPT after 2 semesters.
You should go to your school and ask why you were told that you will be eligible after Dec 2012 and also ask what are your employment options untill you apply for OPT.
You will need to to do 6 courses (3 every semester) to be eligible for OPT