Post-completion OPT eligibility?

[nehs]

My DSO is not ready to allow me to file for post-completion OPT because she says I woud not have met the " 1 year rule" by the time I graduate. The rule is the student needs to be a full-time student for one year before applying for post completion OPT.
Well, I'm attending school full-time on a H visa and there is no rule mentioned anywhere about such a thing. I checked USCIS and other similar links.

the DSO says that there is a field in the OPT application that asks if " applicant has completed one year requiremnt" and she says she cannot say "yes" to that field.

I told her that I can get an attorney letter for her to prove that i am eligible and she still says she will not accept it. She says how will an attorney know what to do? This DSO does not even want to consult an attorney.

Anyway, I'm wondering if there is something that I can do. Please help me. Any suggestion on whom I can contact. I've not used any CPT or pre-completion OPT time.

[kabkaba]

What do you mean you are on H1 Visa? Did you change status to F1? Only F1 students are eligible for OPT in the first place and yes, as an F1 students you must have been a full-time student (not necessarily in F1 status for the entire time) for 1 academic year to get OPT.

[nehs]

What do you mean you are on H1 Visa? Did you change status to F1? Only F1 students are eligible for OPT in the first place and yes, as an F1 students you must have been a full-time student (not necessarily in F1 status for the entire time) for 1 academic year to get OPT.

Yep, you got it right. I'm on a H visa(H-4). And, I'm attending school full-time.

I have initiated my change of status to F-1 so that I can be independent of my spouse's visa status and also take advantage of F-1 priviliges such as SSN number, CPT etc. I applied only last week using I-539 and haven't got the approval yet.

You say "not necesarily on F-1", my DSO does not get this point. Is there a clause/rule somewhere that talks about this? I searched many USCIS pages but do not have this written rule anywhere.

Many of my friends were also in the same situation as me and have successfully applied for post-completion OPT. I don't understand why my DSO does not know this rule.

Many thanks for your reply.

[kabkaba]

You can consult an attorney and have them speak to your DSO.

[nehs]

Again, Please accept my thanks for the reply.

Well, She refuses to speak to an attorney . That's a bit too much I feel. I'm not sure if attorneys visit schools, if she refuses to talk to one over the phone?

I was wondering if USCIS replies to such quesries? May be if they reply then I can show the e-mail reply. Can infopass be used for this. Do you have any information about this?

[kabkaba]

Which school is this?
Try talking to the DSO and ask them why they don't want to talk to an attorney. Understand their reasons for being unreasonable and tell them how you can convince them on those points.

[nehs]

Which school is this?
Try talking to the DSO and ask them why they don't want to talk to an attorney. Understand their reasons for being unreasonable and tell them how you can convince them on those points.

This is the State university of New York SUNY. I cannot believe that such a well-known institution has so many unsupportive staff

The DSO said " Immigration attorneys do not know SEVIS rules". She just refuses to talk and changes the topic if I try to explain to her.

She said there is a field on the SEVIS - OPT recommendation form that asks if student has been in full-time student status for one year. she says the answer to this field is "No".
Well, I know that Any full-time study(such as H visa) counts toward this eligibility except certain visas like the B visa category.

Do you know if we can contact USCIS for these questions?

I might try talking to her Senior or to the campus ombudsperson.

Also, do you think she can cause any harm to me, if I go against her?

[nehs]

Anyway, I have one more year to graduate. In the worst case that the DSO still hdoes not resove this issue, I will have an iimigration attorney call her. Hopefully, she takes that.

I have applied for a change of status to F-1 using I-539 last week and i'm expecting the approval in 2-3 months.

[GTrot]

Sorry to hear about your situation.
I am no expert in international student affairs, but I can tell you about my experience applying for an OPT. When I applied the DSO issued a new I-20 for me that stated "The student has met the 1 full academic year requirement." So, I believe it is indeed required to have been student for a full academic year before you can apply for OPT.
However, once your status adjustment (H-4 to F-1) is complete, you can apply for CPT which does not have the one-full-academic-year requirement.
Let's just hope that you have the F-1 status very soon.
Best of luck to you.