Dear Sajha users,

Recently, I came across a conflicting issue which has been discussed here again and again. I am writing on behalf of my friend who is currently on the OPT status in the US. He graduated in May 2010 and his OPT starts from July 15, 2010. As we all are aware of the situation, chance of getting new job is very slim. Thus, we wanted to know about the following question.

1. How long he can stay legally in the US after 3 months window period?
2. How long is the grace period, if he does not get any job?
3. Can he extend the grace period by doing observership or volunteer at consultancy? If yes, then how long?


Thank you for your time and suggestions, if any!

Ars.

Please ask your friend to contact his adviser at his college. He/She will give him the official answers. I am assuming your friend's major isn't STEM. Here are the answers:

OPT start date: July 15, 2010

1. How long he can stay legally in the US after 3 months window period?

0 days. If he doesn't find work the last day he can legally stay in the US is October 15, 2010.

2. How long is the grace period, if he does not get any job?

There is no grace period, if he doesn't get any job. He has 3 months to find a job from the OPT start date.

3. Can he extend the grace period by doing observership or volunteer at consultancy? If yes, then how long?

OPT requires you to do any work that is related to your field of studies for at least 20 hours weekly either paid or unpaid. This means that even volunteer work satisfies this criteria. He could do volunteer work for the whole one year (July 15, 2010 to July 14, 2011) to maintain his OPT status.

Ars: One can work any where during OPT? Need not be computer or anyother.It can be gas station also.I confirmed with my intl counsellor.

Things to do:

Let the intl counsellor of ur school know where u currently reside and give the name,address of company(as I said can be place where ur learing and earning).

I am also on the same boat(OPT) now but I work for IT industry.

 

Don't be panic. Start with an internship or volunteer work to save your 90 days time period.  Once you start, let your DSO know about it. You are fine. Keep looking for a job.

@edipre- "One can work any where during OPT? Need not be computer or anyother.It can be gas station also.I confirmed with my intl counsellor". If you meant that you can work anywhere doing anything to maintain your OPT status, it is WRONG. Legally, your work HAS to be related to your field of study.

Source:http://www.ice.gov/sevis/updates_postcompletion_opt.htm

7.2.1. What types of employment are allowed for regular pre- and post-completion OPT?

All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program.

For students who are not on a STEM extension, this employment may include:

• Paid employment. Students may work part-time (at least 20 hours per week when on post-completion OPT) or full-time.
• Multiple employers. Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.


• Short-term multiple employers (performing artists). Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.


• Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.


• Self-employed business owner. Students on OPT may start a business and be self-employed. In this situation, the student must work full-time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.


• Employment through an agency. Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
• Unpaid employment. Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.

Thank you very much for the information. Actually, he graduated in computer science and has 3 months to try his luck. I think doing volunteer work is a good alternative to use one year of OPT tenure.
 
Thanks,

Ars.

@sab_nepaliko_sathi: Agreed with u.One can work as volunteer or in Indian owned business until he/she gets job.After that one can switch.If I am wrong again ,the only option I see is back home,right?

Ars:Ask ur fren to contact Indian consultacy?Since he has comp science degree he will also be eligible for extension.Advice ur fren to act fast.Job market is good.He can join as tester and later on switch as developer.

even though he don't find the job, he can do volunteer job n submit a paper to USCIS then he will be fine for the whole OPT period but make sure he submit the paper within the three months