No kidding, OPT-F1 Urgently 4 help

jdpower1937

New Member
I finished bachelor in July, 2004 and thereafter worked with an OPT started in September 30,2004. My opt will be expired in September 29,2005. I am taking MBA classs since June 2005 in another school which is different from the school which recommend my OPT in 2004.
Right now It is back to school season and I will have to have my OPT transferred to F1 and apply for a complete new I-20 in my current school.
When I visited INS website, as it quote
"In the case of a student authorized to engage in post-completion optional practical training (OPT), the student must be able to resume classes within 5 months of transferring out of the current school that recommended OPT or the date the OPT authorization ends, whichever is earlier."
I am scared to death. Does this mean that I have to go back to school while before 5 of 12 months of OPT was due. This law is kind of absurd. So am I out of status right now?
Thank you for you guys'advise and help.
Appreciated
 
if you are not engaged in full-time study in the other university (school B) on a new I-20, you are still in F-1 status with I-20 from school A. You do not need to reinstate or change status or anything like that.

What the law means is that you MUST get a new I-20 from a new school or new program within your 60 day grace period or better yet right before your OPT expires. Then, you MUST start school in the first available semester with 5 months of your OPT expiration date.

As soon as you get a new I-20 and your SEVIS record is transferred to another school, you may not work on OPT anymore, even if the card didn't expire.
 
jdpower1937 said:
I finished bachelor in July, 2004 and thereafter worked with an OPT started in September 30,2004. My opt will be expired in September 29,2005. I am taking MBA classs since June 2005 in another school which is different from the school which recommend my OPT in 2004.
Right now It is back to school season and I will have to have my OPT transferred to F1

No need to transfer your OPT to F1 as students' status on OPT is F1. Just obtain an I-20 from the new school and notify the former school (that recommended your OPT) of the proposed transfer. The transfer procedure must be completed within 15 days of the program start date mentioned on the new I-20. Check with DSO's of old and new schools as to the transfer procedures and follow them without fail.

and apply for a complete new I-20 in my current school.
When I visited INS website, as it quote
"In the case of a student authorized to engage in post-completion optional practical training (OPT), the student must be able to resume classes within 5 months of transferring out of the current school that recommended OPT or the date the OPT authorization ends, whichever is earlier."
I am scared to death. Does this mean that I have to go back to school while before 5 of 12 months of OPT was due. This law is kind of absurd. So am I out of status right now?

Your status is fine. The stated rule means - for students on OPT, a transfer can be done only if the student can begin studying at the new school within 5 months of transferring out of the school that recommended OPT or the date OPT ends, whichever is earlier. For instance, if you notified your former school on June 15, 2005 (assumed date) of the proposed transfer and complied with its transfer procedure, if any, you must be able to begin classes at new school before Nov 15, 2005 because it is earlier than February 30, 2006 (5 months from when the OPT expires).

If you did not notify your school before, then notify them now, and 5 months period starts to run from when you notified your former school and complied with its transfer formalities. As a reminder, comply with the transfer procedures, if any, of your new school within 15 days from the program start date mentioned on the new school's I-20. Good luck.


Thank you for you guys'advise and help.
Appreciated
 
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