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OPT delayed...kindly help

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  • OPT delayed...kindly help

    Hi,
    I applied a little late for my OPT (april mid) and currently my status shows case recd and pending..
    I have already graduated and I am in d grace period now.....
    I do not want to take a chance so can i extend my F1 status now? and does the course needs to be an advanced degree? and does the new F1 application need an approval frm the USCIS? (i have a F1 stamping for 5yrs and currently its not even been 2yrs since I am here)
    also would my opt application get affected if i join any program to maintain status?
    Kindly help coz I am stuck on this bigtime...

  • #2
    Type and describe your problem in a more readable format with details for users to help. You should be more descriptive.

    Did you apply for OPT after graduating? What do you mean by you are in your grace period?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      OPT Delayed.....

      Hi,
      I applied for my OPT 2 weeks before my graduation . After having graduated I guess I am given 2 months of grace period. I am currently serving this grace period.
      So, To maintain the status I want to apply for for another course.( I graduated with an MS degree)
      It's mentioned by the USCIS that an OPT application processing might take anywhere between 30-90 days. If this is the way it works, I would be out of status for 10 days....To avoid this situation I wanted to get an admission for another course...
      Hope you get a clearer picture ...Kindly suggest how to handle this situation

      Originally posted by txh1b
      Type and describe your problem in a more readable format with details for users to help. You should be more descriptive.

      Did you apply for OPT after graduating? What do you mean by you are in your grace period?

      Comment


      • #4
        Where did you hear that you get only 60 days grace period to stay in the US? It does not work that way. Talk to your ISO official to get a clear picture.

        Earlier, when the 12 month OPT rule was in effect, you would have 12 months + 2 months grace period. You are free to use the grace period anytime. Whatever it is, your OPT expires in 14 months after graduation with a 12 month max validity.

        i.e if your OPT is pending for 6 months, you only get a 8 month OPT and you would have no grace period left after completion of OPT.

        You need to talk to your international student office and get some education. Did you not attend the OPT seminars offered by the school?

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          OPT application decision still pending...

          Hey Firstly Thanks a lot for the info...
          1) So do you mean that I am in status...while my OPT application is pending?

          2) If yes...what happens if a negative decision is made on my OPT application case after 60 days of my graduation?

          Comment


          • #6
            1. You are in a psuedo status called authorized period of stay by the attorney general.
            2. You lose your status and become illegal. You should make plans to leave the country immediately and no other status changes are permitted inside the US.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by txh1b
              i.e if your OPT is pending for 6 months, you only get a 8 month OPT and you would have no grace period left after completion of OPT.
              I think this is not the case.

              The OP would still have the 60 day grace period after OPT completion.

              Under the old (and possibly new, I haven't checked) rule, OPT must end within 14 months of graduation.

              E.g.

              Graduation: May 15 2008
              OPT Start date: July 15 2008
              OPT End date: July 14 2009
              Grace Period begin: July 15 2009
              Grace Period end: Sept 15 2009

              Technically, one may have 60 days before and 60 days after OPT. School DSO can tell you more.
              Check out H1 FAQs first!
              http://www.immihelp.com/visas/h1b/h1-visa-faq.html

              Comment


              • #8
                Thanks TXH1B for the info..!

                Hey great news is that I got my OPT.......
                just wanted to let you know that I got an approval a couple of days back( on the 83rd day after I filed my application....)
                also, since I had opted for a June 1st commencement date....my OPT is valid till June 1st 2009.( lost a month thr!)
                Thanks guys!!
                gr8 website...keep the good work going!!!

                Comment

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