Misconceptions About OPT and EAD

The first step is you have to apply for a new I20 and you have to decide a date for this. This date is the same date your EAD would have on it and your unemployment days start too. And how do you select this date?

For example your I20 expiry date is jan 1st 2024, you can select your date within 60 days after Jan 1st or 90 days prior to jan 1st. March 1st would be the be the last day you could select. And what date should you select totally depends on you. If I was you I would choose feb 1st week because jan would be very early and if you don’t have a job your days would be wasted. And if you choose march and you get a job in feb then you wouldn’t be able to work till march. To be on a safer side I would suggest feb would be an ideal date for you to select. So it’s basically a trial and error method. Suppose you choose feb 19th as you I20 date, the university would give you an I20 starting from Feb 19 2024 till feb 18th 2025 that is correctly 1 year extension. 

The grace period of 60 days which I mentioned previously lasts until your OPT start date or your OPT decision date. Even if your OPT application is still pending after 60 days, as long as you applied by the deadline, you are eligible to legally remain in the U.S. Coming to unemployment days you would have 90 days in your hand before which you should update about your employer in USICS. While you are considered in valid F-1 status while unemployed, travel may be risky if you don’t have a job offer or proof of employment.

Many people claim that your unemployment days would be reset every time and you can use up your days which is completely wrong. I have read the rules and understood them clearly. If you use up all of your unemployment days, you are considered out of status. You do not get an additional grace period, and you should leave the U.S. before the end of your unemployment period. Coming to EAD card employment authorization document, you should apply for this within 30 days after receiving your new I20. For getting an EAD you should first have your new I20, for getting a new I20 you should pay OPT STEM fee which is $132 and save the receipt. Apart from this university charges you an extra $66 for getting for I20 and it may vary depending on your university. 

You should also have a signed document by your department head saying that you completed all the requirements needed for your degree and you are good to go. Using these 2 documents you can apply for a new I20. Now go to USCIS.GOV and under the forms sections you can see I-765 application for employment authorization where you can proceed with your application. For this EAD card application you have to pay $410. It’s quite simple it wouldn’t take more than 10 mins. In total $132+$66+$410 = $608 is the amount you have to spend. After receiving you EAD card you will be getting an email where you will have a link to create your profile on SEVP Portal and this should be done within 14 days after you receive this mail.

For stopping your unemployment days you engage in activities, paid or unpaid, in your field of study for at least 20 hours per week.

USCIS gave a list of what constitutes as employment which includes the following:

• Standard employment
• Paid or unpaid* internships
• Working for multiple employers.
• Short-term multiple employers
• Work for hire (service on a contractual basis)
• Self-employed business owner.
• Employment through an agency or consulting firm.
• Volunteering*

Coming to volunteering and unpaid internships students may engage in these while on OPT, but must still be in compliance with the Department of Homeland Security and Department of Labor laws. And you have to Notify Immigration of any changes to your employment, address, or phone within 10 days by updating this within the SEVP Portal.

If you maintained your immigration status during your OPT STEM Extension, you will have a 60-day grace period after your EAD expires.  You are permitted to remain inside the U.S. during those 60 days to prepare for your departure, apply to change your status (if eligible) or begin a new degree program. If you are not admitted to a new degree program or do not submit a change-of-status application before the end of the 60 days, you must leave the U.S. During your 60-day grace period, you may not work. If you fail to depart the U.S. before the end of your 60-day Grace period (if eligible), you may begin to accrue unlawful presence. If you plan to apply for the STEM OPT Extension, for the next 24 months you must do so before the end of your OPT period. You cannot apply for the extension during your grace period. 

Final conclusion is Students get 3 year of OPT extension. Within first 12-month Post-Completion OPT students cannot be unemployed for more than 90 days. Meaning that if you have 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.

Adding up 90 unemployment days and 60 days grace period after you EAD expires, students may not be unemployed for more than 150 days during the total 36 month OPT period. 

That’s it for the video guys, I know I have been lagging in posting videos but I will try my best to post them. Many have been asking me did I get a job and no I haven’t still got a job and am searching for it. Like this video, share it with your friends and if you still have any doubts comment down on this video, or hit me ups on instagram or LinkedIn. See you in the next one, thank you bye bye.