Arrogant
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OPT NEW RULE ?Limited Periods of Unemployment to Maintain Status
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Arrogant
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Posted on 04-05-08 2:07
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Limited Periods of Unemployment to Maintain Status
- During post-completion OPT, F-1 status is dependent upon employment.
- Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization.
- Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29 month OPT period.
So Does this mean if we are unemployed for more than 3 months while we are on post completion OPT, we will be Out of Status or ??? or Am i understanding it wrong ??? Any idea /?
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EightOtwo
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Posted on 04-05-08 8:40
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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.
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