re: OPT 90 days unemployment rule

[cougar_2007]

hi there
It is true that there is no grace period to the 90 days OPT unemployment rule. How about in a case where H1B petition has been timely received by USCIS for the change of status and is pending. Can the student stay after 90 days of accrued OPT unemployment until the H1B case is decided (approved or denied)?

And if H1B approved, can the student work before Oct 1, just in case an employment comes your way after 90 days unemployment period, let s say you get an offer on the 130th day?

Thanks
cougar_2007

 

[HKAndy]

There is no grace period. If you accumulate 90 days of unemployment, your OPT and F1 status will be canceled. You will then have up to 60 days to prepare to leave the country without work eligibility. After that, you will be overstaying.

What is confusing in your scenario is that if a company agrees to go through all the trouble to sponsor you for an H1B, why wouldn't they let you begin work under your approved OPT for the time being without any cost to them?

"Can the student stay after 90 days of accrued OPT unemployment until the H1B case is decided (approved or denied)?"

The 90 days unemployment rule applies to any "cap-gap" relief period. Meaning you must not accumulate 90 days of unemployment during cap-gap relief and the regular OPT period combined.

And if H1B approved, can the student work before Oct 1, just in case an employment comes your way after 90 days unemployment period, let s say you get an offer on the 130th day?

No. Once the 90 days unemployment rule is used up, you will lose any OPT benefit and any cap-gap relief. All you have is the 60 days grace period to prepare to leave the country. You must leave the country and return after Oct 1 under H1 and report to the sponsoring company.

 

[kabkaba]

There is some grace period.
Up to 10 days between two jobs do not count. First 10 days do not count if you get a job latest by 11th day.

 

[HKAndy]

Thank you kabkaba. I forgot to include that.