OPT: Out of Status

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EightOtwo

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This is true.

Read this http://www.dhs.gov/xlibrary/assets/press_opt_ifr.pdf

Periods of Unem~lovment During OPT

DHS regulations currently define the period of an F-1 student's status as the time the student is pursuing a 111 course of study at an SEVP-certified school or engaging in authorized post-completion OPT. 8 CFR 214.2(fX5). They do not specify how much time the student may be unemployed, making it difficult to determine when an unemployed student on post-completion OPT violates the requirements for remaining in F-1 status. As status during OPT is based on the premise that the F-1 student is working, there must be a limit on unemployment, just as the F-1 student's period in school is based on the premise that he is actually pursuing a full-time course of study, and there are limits on how often the student can reduce his course load. An F-1 student who drops out of school or does not pursue a full-time course of study loses status; an F-1 student with OPT who is unemployed for a significant period should similarly put his status in jeopardy. Therefore, this rule specifies an aggregate maximum allowed period of unemployment of 90 days for students on 12-month OPT. This maximum period increases by 30 days for F-1 students who have an approved 17-month OPT period. In addition to clarifying the student's status, this measure allows time for job searches or a break when switching employers.

Namastey Dallas

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r u guys serious about this?....I am unemployed for last 10mths.......what should I do?

Namastey Dallas

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r u guys serious about this?....I am unemployed for last 10mths.......what should I do?

EightOtwo

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This is true. The new rule says so.

sajhafan

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trying to keep this thread alive for a while.............any suggestion will be highly appreciated.

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the new rule is very interesting. they are extending OPT for those who are employed in the field of their study and could not get H1b for another 17 months. at the same time, this rule says if someone is not employed for 90 days within the first 12 months of OPT, he will be out of status. i am not sure if i understood correctly. if this is so, many will face challenge. so, are they saying if someone could nt find a job in first three months, he/she has to leave country or join school to remain in status though they have 12 months of OPT?

sajhafan

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and even interesting thing is ................... I called USCIS and wasted my whole morning trying to find answers.............and people over there knows nothing about the new rule.

stoner

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i am not sure but the new rule is if you are unemployed for 3 months after the 12 month period then you lose your status. i think it is not for the first 12 months.

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stoner, if you read it carefully, it says,

Therefore, this rule specifies an aggregate maximum allowed period of unemployment of 90 days for students on 12-month OPT.

istamitra

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Well let's talk about the details!

The schools need to report the students in SEVIS if they find students who have not found a job for 90 days after OPT kicks in. However, the schools will be missing 50% of the students who have graduated and do not have any means of contacting them because the students may not have updated their record with their school. The SEVIS guidelines clearly tell the DSO's NOT to terminate the record if somone cannot be traced.

The deadline for completing validation has been extended to June 15, 2008.

When asked SEVIS "What happens if a student does not reply?" SEVIS responded by saying; "Record the information, do not terminate the record. As this requirement has not been articulated clearly in the past, we do not plan to take action against the students currently on OPT who do not report. However, after June 15,,2008, we do expect students to meet their reporting responsibilities."

There is no doubt that the ones who are currently applying for thier OPT will have to be comply with the reporting requirement.

SEVIS has created some possible senarios and have advised the schools accordingly.

Situation 1: Student replied with information on his/her employer. Action: Update the empoyer name and employer address field.

Situation 2: Student is self-employed. Action: Update SEVIS with "Self Employment" information.

Situation 3: Student has multiple jobs. Action: Will be treated as Self Employed.

Situation 4: Student replied and is not currently employed. Action: Update the employer field to "NONE" or "Actively seeking Employment" and leave the employer's field blank.

Situation 5: Mail to student was returned due to incorrect address. Action: Update employer field as "Mail Returned."

Situation 6: Student returned to his/her country. Action: Complete student's record.

Situation 7: Student returned to his/her country and plans to return to resume OPT. Action: Update the employer field to "Temporarily out of US" and leave the employer field blank.

Situation 8: Student transferred or filed a change of level effective on or befor June 15, 2008. Action: No updates required.

Hope this helps!

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how do we define self employed? can they work in a gas station or some stores and still be called as employed? i thought employed means employed in the field of study, am i wrong? if he/she can work in any field then there is no question of not getting jobs i believe. do they extend OPT for those who are working in stores as well?

twelveangry

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bump

mote2

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How risky it is to stay out of status? Do the INS people come to you and deport? Or they don't take any attention to that....

whois

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Thanks a lot "istamitra" , just sent a mail to international office to update my employer.

Don't know much but this is turning out to be ugly.... more pain in the a**

sajhafan

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anybody got any news so far, about this crap........

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