Maintaining Status While on OPT

Quick Summary:

Maintaining status while on OPT (Optional Practical Training) is crucial for F-1 visa holders aiming to transition to long-term employment or an H1B visa. This guide covers employment criteria, reporting requirements, unemployment limits, and common mistakes to avoid, especially for Indian-origin STEM graduates navigating the U.S. immigration system.

What is OPT?

Optional Practical Training (OPT) is a work authorization granted by the United States Citizenship and Immigration Services (USCIS) for international students with F-1 status. It allows students to work in their field of study for up to 12 months after graduation. STEM graduates may apply for a 24-month extension known as STEM OPT.

OPT is a temporary employment benefit that lets eligible F-1 students gain real-world experience in their major for up to 12 months, extendable to 36 months with the STEM extension.

Why Maintaining Status While on OPT Matters

• Failing to maintain status can result in:
• Loss of legal status in the U.S.
• Ineligibility for H1B transfer or visa stamping
• Deportation or travel restrictions

This is especially critical for those planning H1B transfers, applying for Green Cards, or pursuing long-term employment in U.S. tech hubs like New York, New Jersey, California, and Texas.

Also Read: OPT for F1 Students: Everything You Need to Know

How to Maintain Your OPT Status : Key Takeaways

• Start employment within 90 days of OPT start date
• Work must be directly related to your major
• Work at least 20 hours per week
• Report employment and address changes to your DSO and SEVIS
• Track unemployment days (max 90 for OPT, 150 for STEM OPT)

Employment Rules Under OPT

What Counts as Valid Employment?

• To maintain status, your employment must:
• Be related to your field of study
• Be a paid or unpaid opportunity (including internships or freelance work)
• Be at least 20 hours per week

Examples of acceptable employment:

• Full-time job with a U.S. company
• Contract-based employment with IT consultancies
• Multiple part-time jobs related to your field

What Doesn't Count?

Employment outside your field of study
Jobs below the required hourly minimum
Volunteer positions not related to your academic major

Reporting Requirements: Stay Compliant with USCIS

You must report the following to your Designated School Official (DSO) and through SEVP Portal:

• Employment start/end dates
• Employer name and address
• Job role and how it relates to your major
• Any changes in address, phone, or email

Tip: Use your university’s reporting tools or SEVP Portal to avoid delays that could affect your status.

Understanding the Unemployment Limit

You are allowed:

• 90 days of unemployment during the standard 12-month OPT
• An additional 60 days during the 24-month STEM extension (for a total of 150 days)

• Track carefully: USCIS may terminate your SEVIS record if you exceed the unemployment limit, even by one day.

  Also Read: Grace Periods After OPT Job Loss

Checklist: Documents and Actions to Stay in Status
 

Real-Life Scenario: 

Rohit, a software developer from Hyderabad, was laid off from a New Jersey-based fintech startup during his OPT period. He had 25 days of unemployment remaining. By actively searching and using Techotlist, he secured a new role in 3 weeks and maintained his F-1 status without a gap.

Questions to Ask Your Immigration Attorney

Can I freelance while on OPT?
What happens if my employer revokes my offer?
Should I apply for STEM OPT 90 days before my OPT ends?
Can I travel internationally while waiting for my EAD?

Frequently Asked Questions (FAQs)

Q: Can I switch employers while on OPT?
A: Yes, but you must report the change to your DSO and update SEVP within 10 days.

Q: Can I work remotely for a U.S. company while on OPT?
A: Yes, remote work is allowed as long as the work is related to your major and meets hourly requirements.

Q: Can I study and work on OPT simultaneously?
A: No. Enrolling in a new degree program terminates your current OPT authorization.

Techotlist Tip: Avoid Gaps with These Proactive Steps

Use platforms like Techotlist to find OPT-compliant jobs
Subscribe to job alerts specific to your visa status
Choose employers experienced with H1B transfers and EAD timelines

Maintaining status while on OPT is vital to your long-term plans in the U.S. Adhering to USCIS guidelines, tracking unemployment, and reporting timely updates can make or break your visa journey. Use trusted platforms like Techotlist to find compliant roles and stay ahead in your career.