Doubts regarding OPT, CPT

[nemesiz]

Hi All,

I am currently an F1 student doing my Masters and about to graduate in March 09. I have a couple of doubts regarding OPT, CPT

1. If I apply for graduation (and OPT) in March, does the OPT kick in as soon as I graduate? or is there a time gap? is this time gap allowed?

2. Is there a way to cancel OPT once I get it in March? (have to decide now whether to apply for graduation and OPT within 2 weeks)

3. If I graduate in March, and I am not able to find a job by April (to file H1B). And if my OPT kicks in from March 08. Will I be able to file it next year? Since my OPT will expire on March 09 and my H1B will only start from October 09?


Have to decide in 2 weeks ... please help ppl

Thanks in Advance...
Nemesiz

[txh1b]

You should talk to the school ISO that can clear up all these questions. They generally have OPT workshops where they answer all these. They get paid to answer the questions and concerns of International Students and have the latest updated info on the laws.

1. You should apply for OPT before your graduate or complete all course work. Talk to your school for deadlines. Once you apply for OPT, you can remain until it is approved.
2. No, you cannot cancel it. You use it or lose it after it is sent to USCIS and gets approved.
3. H1b can be filed by the employer anytime. If you have a 12 month OPT, you would have a gap and cannot do a seamless switch from OPT to H1b. You have to leave upon OPT expiration + 60 days grace period and return again on H1b in October. Look if you qualify for STEM 29 month OPT.

[nemesiz]

My program does qualify for STEM 29 month OPT. But then the company that eventually employs me needs to be under e-verify program right?
I am not sure how this works. When I apply for OPT i wouldnt have found an employer yet. So since my program is under STEM, do they initially give my OPT for 12 months and then extend it when I find a e-verified employer OR do they initially itself give me an OPT for 29 months? Please advice

Thanks,
Nemesiz

[txh1b]

Initial is only 12 months. It has to be extended. Again talk to your ISO.