New F1 Stamp for OPT

[nadia lina 0]

Hi everyone, I hope you are staying safe. I am stuck in a quite precarious position right now. I will be completing my undergraduate studies and am looking to apply for OPT. My official completion date is September 25,2020. The only problem is that my current F1 Visa is expiring. I will be ok if i don't leave the country but I have to leave the country for personal reasons, which means I have to reapply for a visa. However, I don't know whether to apply for another F1 or convert to a B2. I would like to apply for an F1 because it will at least give me an opportunity to do OPT, but with current immigration climate and the COVID-19 pandemic, i dont know if it will be extra difficult. I am considering doing a B2 visa instead because my graduation ceremony is on the line. Since the commencement is postponed indefinitely, I don't know when I have to return, i'll have to be ready to return when they announce the new date, but if I am denied an f1 visa if i apply for that one then I definitely won't be able to attend. 

 

Does anyone else or has anyone else had experience with this? what's the success rate of extending your f1 for OPT?

 

Thank you!! your answers and help will be really appreciated!

[NancyNguyen 1,657]

Visistor Status change is a very bad move in your case. Contact your internation student advisor and start on the OPT application now.

 

You can enroll in another course, they will issue a new I-20 for you, not F1 visa. Anyways, talk to your advisor to check your option.

[nadia lina 0]

Hi Nancy, thanks for your reply! I actually already did, which was why I came to this forum. My advisor has no answer. He said the best option is for me to stay but if I can't do that I have to be willing to risk the possibility of denial of the student visa extension or just apply for a tourist visa, which he said is more guaranteed. 

[jan22 3,056]

2 minutes ago, nadia lina said:

Hi Nancy, thanks for your reply! I actually already did, which was why I came to this forum. My advisor has no answer. He said the best option is for me to stay but if I can't do that I have to be willing to risk the possibility of denial of the student visa extension or just apply for a tourist visa, which he said is more guaranteed. 

It's a risk you need to decide on yourself, considering what your goal is: trying to ensure you can attend a gradiation ceremony that may be a large impersonal event for undergraduates  (or tbat may not even occur other tban virtually) or trying for OPT when US unemployment rates are at all-time highs.  Not trying to be completely gloomy, but just highlighting some of the real unknowns that are sure to factor into your decision.  There are issues with either pathway, so it's important you try to decide which one is what you most want to do and go for that.

 

My only other comment is to say that the advisor is completely wrong about the tourist visa being more guaranteed.  It's not.  They both carry approximately the same risk, IMO.

[nadia lina 0]

Thank you so much! I definitely agree and am aware of the risks of leaving, which is why i really can't decide since my reason for leaving is very personal to me. To your point though, since I am not very familiar with the OPT process, would you say it will be difficult to get an EAD and do OPT right now? and if the OPT is denied then does it mean I have to leave anyway?

[jan22 3,056]

3 hours ago, nadia lina said:

Thank you so much! I definitely agree and am aware of the risks of leaving, which is why i really can't decide since my reason for leaving is very personal to me. To your point though, since I am not very familiar with the OPT process, would you say it will be difficult to get an EAD and do OPT right now? and if the OPT is denied then does it mean I have to leave anyway?

You need to, immediately, become familiar with the OPT process.  You cannot really make an Informed choice as to how to proceed until ylu know what obstacles (or advantages) you might face by that choice.  There's not enough information available for anyone to give you valid advice.  For example:

• EAD approvals are likely to take longer -- nobody knows how long it will take -- so you can't provide a start-date to prospective employers and they may/may not be willing to wait for you to get work authorization;
• What your degree is in and where you are living in the US will have a major impact on your prospects for employment;
• The unemployed all seeking employment/re-employment may impact on whether you will be able to secure employment within the required time line of the OPT approval;
• There may/may not be another presidential Executive Order that puts more restrictions on work visas, OPT, etc.
• Where you are from and your home country situation may impact consular decisions on either the student or the visitor visa.

These are just some quick thoughts for you to consider.  Get familiar with OPT requirements and then take a long look at what is then the current situation in the US and make the best decision you can with the information you have.

[xyz12345 260]

The best person to talk to about OPT is your school's International Student Office. I'm sorry that your adviser was not of much help though.

 

In any case, here are faq lists from Yale and U. Pitt that might interest you. A lot of the questions and answers can help you imo.

https://oiss.yale.edu/covid-19-information/for-students/faqs-for-current-students#f1opt.

https://www.ois.pitt.edu/covid-19-faqs-opt-and-stem-opt

 

Also, you might want to apply at the earliest possible date -- 90 days before before 9/25/20, if I'm NOT mistaken.

 

 

[Mollie09 1,543]

I was faced with a similar challenge at the end of my F-1 and was told I was unlikely to get another F-1 to reenter the country because I couldn't really prove I'd leave at the end of my studies since my studies had already ended. It was during the recession and I ended up deciding to stay and miss out on a very important personal event back home. I don't regret it, but it's a personal decision you need to make.

[nadia lina 0]

Thank you so much for all of your answers. I understand that it is all my decision, i still cant make it though. But i did leave out an important detail i think, my I-20 end date is actually January 2021 and wont be changed till the september end date when I plan to apply for the OPT. I plan to reapply for the visa over the summer. Does this change anything? What if I can provide some sort of employment letter from my family company to ensure my return home? 

[LilyKins 121]

I'm currently on OPT and have had my fair share of challenges with the process. It is definitely imperfect.

 

I think, first and foremost, you need to consider the job market as it relates to your degree. If you have a specialized or STEM-type degree, then the job market might be okay for you. If you decide to apply for OPT, you can only do so within 90 days from your graduation date, so for you June 25, 2020 would be the first day you can submit the application (I-765), which currently costs $410 USD but USCIS is increasing fees (I'm not sure when these come into effect, someone else might be able to provide insight on this). You need to be employed within 90 days of your application being approved, otherwise your OPT ends and you must return to your home country. Keep in mind, the 90 days of unemployment are total number of unemployment days accrued for the entire OPT year, so if you use all 89 days at the start, you must maintain your employment for the entire period to remain under OPT status. 

 

It's a difficult time for job hunting, given the unemployment rate. I can also say that during my interviews, which were prior to the COVID crisis, I was upfront about my immigration status in the beginning and many places shied away once they learned that my EAD has a hard expiration date. 

 

You also should consider your 60 day grace period, which ends November 25, 2020. Those 60 days are not for you to exit and re-enter the country, however. If you leave within those 60 days, it's unlikely you'll be paroled back in under F-1 status as your SEVIS record will have been terminated upon your departure.

 

If you apply for OPT and have an application pending when you leave, it's also risky. You might be turned away at the border without the EAD card and a job offer (which you'll only get if/when the application is approved). Job seeking from outside of the country would be pretty difficult, I imagine. 

 

Additionally, you need to consider your long-term legal immigration strategy, if you have one. Are you hoping to live and work in the USA long-term (so, are you thinking about H1B pathways..) or, do you have no desire to remain in the US? If it's the former, forfeiting your OPT could make it very challenging. Many students on OPT strategize their job searching and choose companies who may offer visa sponsorship, should they be chosen in the H1B lottery. 

 

These are just some of the larger points -- another big thing to consider is funding to support yourself while you look for a job and health insurance. Most international students are required to purchase health insurance through their school during their period of study, but you would want to ask what their policy is for students on OPT. Not having health insurance is also a big risk, IMO.

 

Lots to consider in your case, but the obvious answer for me is do not leave the country until you legally have to if you have any intention of applying for OPT (either because your program ended, your OPT request was denied, or because you've decided you wish to give up your F-1 status and return home).