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03-Feb-2001 06:19 PM

Explain OPT

bmozaffari

Hi everyone.

Could you please explain how OPT works?

I'm a graduate civil eng. student, can I use 3 months or all of my opt in my first year? Can I use it to work a programming job (unrelated to my field)? Can I use it during the semester, or does it have to be in the summer? Can I be paid any amount for the job I work on my OPT, or is it internship or does it involve other restrictions? Please explain it thoroughly.

Another thing, just making sure: one doesn't fall out of status in the summer, for not taking classes, right? I would still be considered a full-time student even in the summer when I have no classes, right?

TIA, Babak

04-Feb-2001 05:04 PM

Re: Explain OPT

Serge

You are in status during your summer vacation if you are registered full-time for the next semester.

You have to be in F-1 status for 9 consecutive months before the OPT is scheduled to start.

You can get OPT during your annual vacation (full-time), during your semesters (part-time, 20 hours a week) or after graduating. The time you use before graduation is going to be deducted from the total 12 months of OPT. If you are employed part-time half of the employment period is deducted from the total.

My understanding is that for each type of OPT you have to apply separately to the INS.

Technically your job is supposed to be directly related to you field of study. However, you are authorized to work for any employer(s) or even be self-employed. Keep in mind that when you apply for an H-1 INS will check if your job is somehow related to your field, so if your employer plans to sponsor you for an H-1 your job is better be related to what you study. Other than that you can work for whomever you want. They may pay you as much as they want.

Here's a couple of links to more thorough explanations:

http://www.ukans.edu/~issfacts/INS_guide/OPTNew.html

http://www.ip.wsu.edu/isss/F1Explanation.htm#OPT

04-Feb-2001 06:44 PM

Re: Explain OPT

bmozaffari

Dear Serge,

Thank you for the explanation. Just two points: How do you count the 9 months? I started in Spring 2001, will I have met my 9 months by September or does it have to be after 2 full semesters?

And also, does the 1 year reset with a change of major? Or does it ever reset for a student remaining in the US?

Oh, and just checking again: So you're saying that INS does not check to see if the job is in your field of study, for the OPT, right?

Thanks, Babak

06-Feb-2001 08:53 PM

Re: Explain OPT

Serge

Here's what the INS law says ( 8 CFR 214.2 (f)(10)
)

"...Practical training. Practical training is available
to F-1 students who have been lawfully enrolled on
a full-time basis in a Service-approved college,
university, conservatory, or seminary for at least
nine consecutive months. Students in English
language training programs are ineligible for
practical training. ..."

Crystal-clear, right? Not if you are in a country
where OJ Simpson is innocent and GW Bush won
the election. Here's how NAFSA (an organisation
that publishes the manual for international student
advisors) interprets it:

"To be eligible, the student must have been
"lawfully enrolled, on a full-time basis for at least
nine consecutive months." Note that "nine months"
is an example of an academic year, and students
whose "institution's" academic years are
somewhat more compressed, e.g., eight months,
are also eligible. Also note that unlike economic
hardship employment which requires nine months
of F-1 status, Practical Training requires nine
months of lawful, full-time study, regardless of
which status the student held prior to becoming an
F-1. " ( http://www.nafsa.org/pa/pa14.html )

What it means is that it's all up to your advisor. If
your school has an established policy on OPT
you'll have to comply. If not - try showing them the 8
CFR article and you'll be all set by September.

You can't get another OPT unless you are out of
country or in a different status for more than 5
months (I think) in-between your programs.

INS just sends you a plastic card (EAD) and you go
and find a job with it. You don't report back to INS or
anything.

[ This message was edited by: Serge on: 2-6-2001 21:49 ]

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