Navigating Employment After OPT: Legal and Practical Considerations

Have you exceeded the 90-day unemployment limit of your OPT (Optional Practical Training) period? If so, you might be wondering whether you can legally accept an employment offer. This article will provide you with the essential information you need to understand the legal framework and your options.

Understanding the Legal Status

While on OPT, beyond the grace period, you are considered out of status. Technically, this means that you are not legally allowed to accept employment, even if a job offer is provided.

Grace Period

After your OPT period ends, there is a general 60-day grace period. During this time, you can prepare to leave the U.S., transfer to another program, or apply for a change of status. However, this period does not permit employment. It simply gives you time to transition to your next phase.

Change of Status

If you are unable to find employment within the 90-day limit, you may consider other options. For example, applying for a new visa type or returning to school could be viable alternatives. Consulting with an immigration attorney is highly recommended to explore your options and understand your specific circumstances fully.

Ethical Considerations

From a moral standpoint, you have the right to sustain your own life and existence. Accepting an employment offer is a reasonable need. However, ignorance of laws is not a valid defense. Always verify the legal status of your actions to avoid potential issues.

Link to Guidance

For more detailed and state-specific information, you can refer to this link, which provides guidance on OPT for the State of Kansas.

Understanding OPT and I-20 End Date

OPT is a program that allows F-1 visa holders to work in a field related to their course of study for a period of 12 months, with the possibility of an additional 17 months for graduates. It's important to be aware of your I-20 end date, especially after post-completion OPT (post-Comp OPT).

Importance of Your I-20 End Date

The I-20 end date for post-Comp OPT is critical. If your expected graduation date is in a future semester, your I-20 end date will be adjusted accordingly:

Spring graduate: 5/31/20YY Summer graduate: 8/1/20YY Fall graduate: 12/31/20YY

For graduate students completing degree requirements within the first two weeks of a term, the I-20 end date reflects the date established by Graduate Studies. For example, if you are a summer 2015 graduate, your I-20 end date would be 06/16/2015.

Extending Your OPT

If you do not complete your degree by your new I-20 end date, you must apply for a program extension prior to the expiration of your new OPT I-20. Failure to extend is a violation of status.

Exception for Thesis/Dissertation

There is an exception for students working on a thesis, dissertation, or equivalent work that extends beyond the I-20 end date. In these cases, you need seamless OPT approval, and the work must be directly related to your degree.

Conclusion

In summary, while you are out of status after the 90-day unemployment period, you can explore legal options to regain your status or find alternative work. Always consult with an immigration attorney to ensure you comply with all regulations and avoid potential issues.