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 OPT NEW RULE ?Limited Periods of Unemployment to Maintain Status
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Posted on 04-05-08 2:07 PM     Reply [Subscribe]
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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 /?

     


     
    Posted on 04-05-08 8:40 PM     Reply [Subscribe]
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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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