Client Situation: Client is eligible for post-completion Optional Practical Training (OPT). However, the college will not issue her the I-20 showing OPT eligibility because she still owes a portion of her tuition payments. Since you must file for the OPT within 60 days of completion of your program, the client will lose her ability to secure OPT on July 15th and will need to depart the U.S.
SEVIS Policy: An SEVP-certified school is not required to request OPT for any student. Although the payment of fees to the school should not directly be linked by a school policy to SEVIS status or F-1 benefits, it is a common and acceptable practice for institutions to keep students from graduating who owe money to the institution. If a student is not completing the program according to the school, that student cannot apply for post-completion OPT. The school must have in place a general statement—that applies to all students—of how it interprets and applies its policies in situations where a student has not complied with their financial obligation.
That being said, the school could refuse to endorse OPT for any reason. However, so that it does not appear capricious or callous an extant school policy should be in place.
Question: I am a citizen of China on F-1 and am graduating on February 1, 2009 with a Bachelor’s degree in Economics. I will begin OPT on March 2, 2009 through March 1, 2010. I have been applying for jobs but have not yet been able to find an employer who will sponsor my H-1B. If I am unable to find a job with a company who will sponsor my H-1B what will happen when my OPT expires in 2010.
First, the new OPT rules state that you must not be unemployed for an aggregate period of 90 days while on your 12 month post-completion OPT. Therefore, you will need to secure employment with your OPT by June 1, 2009. Also, your school will require you to report your employer name, address and contact information so that they may add this information into SEVIS.
Second, you need to secure employment with a company willing to sponsor you for H-1B by April 1st, 2009 (preferably sooner). Your OPT will expire on March 2, 2010 and, at that time, you will not be eligible for an OPT extension beyond the 12 months. Unfortunately, you are not eligible for the two OPT extensions meant to help students deal with the H-1B Cap.
The two types of OPT extensions available are:
1. H-1B “Cap Gap” provisions automatically extend status and work authorization (OPT) until October 1st when you are the beneficiary of a timely filed Change of Status petition from F-1 to H-1B. This is to ensure that there is no “gap” between F-1 expiration and the October 1st start date of the H-1B. For example, if you graduate in May, 2008 and your OPT is valid from June 1, 2008 through May 31, 2009 AND you file an H-1B petition requesting that your status be changed from F-1 student to H-1B AND you are accepted under the H-1B Cap, your OPT and F-1 status will automatically be extended until Oct 1, 2009 so that you may remain in the U.S. and work while your H-1B is pending.
2. For STEM (Science, Technology, Engineering, Mathematics) degree holders are eligible for an additional 17 months of OPT (29 month total) if the degree is in one of the designated programs listed at http://www.ice.gov/sevis/stemlist.htm.
If you do not qualify under one of the two categories above, extension of your OPT beyond the 12 months is not possible and you’ll need to look for other alternatives to remain in the U.S. beyond March 2, 2010.