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*SPECIAL SITUATION* -- Applying for OPT

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  • *SPECIAL SITUATION* -- Applying for OPT

    Hello,

    I went to a private college in the USA on an F-1 Visa. My F-1 Visa expired in 2016 because I originally started at one college in 2012 and then transferred. I finished college in December and have my graduation this May 20th. My I-20 states that it is valid till May 25 2019.

    However, Since i finished all my credits in December, I left the country on December 24th and am currently in Brazil. Now, I was approved a tourist B1/B2 visa to go back to the USA to attend my Graduation.

    My international advisor said I'm still able to apply for OPT as they count my graduation as May, so my 60 days are still ongoing. But, since I'm coming in on a tourist visa, will this mean I can't get a OPT? Would that even matter? A visa is simply a means of getting into a country. I was still legal in the states with an expired F-1 visa because my I-20 wasn't expired and I was a full-time student.

    Does anyone know if I will be able to get my OPT or will I just lose 410$ by applying

  • #2
    Originally posted by brazilianstudent View Post
    Hello,

    I went to a private college in the USA on an F-1 Visa. My F-1 Visa expired in 2016 because I originally started at one college in 2012 and then transferred. I finished college in December and have my graduation this May 20th. My I-20 states that it is valid till May 25 2019.

    However, Since i finished all my credits in December, I left the country on December 24th and am currently in Brazil. Now, I was approved a tourist B1/B2 visa to go back to the USA to attend my Graduation.

    My international advisor said I'm still able to apply for OPT as they count my graduation as May, so my 60 days are still ongoing. But, since I'm coming in on a tourist visa, will this mean I can't get a OPT? Would that even matter? A visa is simply a means of getting into a country. I was still legal in the states with an expired F-1 visa because my I-20 wasn't expired and I was a full-time student.

    Does anyone know if I will be able to get my OPT or will I just lose 410$ by applying
    Your grace period ends once you leave the US. So I don't think you can apply for OPT anymore.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      OPT is only if you are in F1 status. For that reason, for e.g., people in H4 status are unable to apply for OPT. Once you enter the country in B1, you are no longer in F1, and hence ineligible for OPT. The alternative would be to renew your F1 and enter the country in F1 status.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        The alternative would be to renew your F1 and enter the country in F1 status.
        But they have graduated and so they are not eligible to enter on F1 anymore.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by brazilianstudent View Post
          Hello,

          I went to a private college in the USA on an F-1 Visa. My F-1 Visa expired in 2016 because I originally started at one college in 2012 and then transferred. I finished college in December and have my graduation this May 20th. My I-20 states that it is valid till May 25 2019.

          However, Since i finished all my credits in December, I left the country on December 24th and am currently in Brazil. Now, I was approved a tourist B1/B2 visa to go back to the USA to attend my Graduation.

          My international advisor said I'm still able to apply for OPT as they count my graduation as May, so my 60 days are still ongoing. But, since I'm coming in on a tourist visa, will this mean I can't get a OPT? Would that even matter? A visa is simply a means of getting into a country. I was still legal in the states with an expired F-1 visa because my I-20 wasn't expired and I was a full-time student.

          Does anyone know if I will be able to get my OPT or will I just lose 410$ by applying
          you'll loose the $410
          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

          -Krypton9591

          Comment


          • #6
            Originally posted by newacct View Post
            But they have graduated and so they are not eligible to enter on F1 anymore.
            But the OP says his graduation date would be May. Hence, I was thinking of the renewal alternative. Now, if that graduation date can be pushed to the end of summer (Aug) it would be better.
            Just an opinion; Not legal advice.

            Comment

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