Jump to content
TriniTex1

OPT grace period??

 Share

4 posts in this topic

Recommended Posts

My brother was on an F1 and graduated, then got his OPT approved in the middle of January 2012, his 3 month period to find a job is officially up today. Is there a grace period for him to leave the country? Or does he have to just pack up his things and leave ASAP? He will need a month or so to gather all his things and make travel arrangements.

His student visa expires in the middle of July 2012 but i don't know if that's relevant or not.

Also, is there anything he can do, or some sort of extension he can file to buy him some more time? Any info will help, thanks!

Link to comment
Share on other sites

There is a 60 day grace period at the completion of OPT for the student to leave the US. I am pretty sure the same 60 days would apply in the case of a student not finding a job within 90 days of the OPT being issued.

I am not aware of any extensions for OPT if the student has failed to find a job within the three month period. I don't think your brother has any other choice than to leave the US preferably within the next 2 months to avoid overstaying.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Link to comment
Share on other sites

There is a 60 day grace period at the completion of OPT for the student to leave the US. I am pretty sure the same 60 days would apply in the case of a student not finding a job within 90 days of the OPT being issued.

I am not aware of any extensions for OPT if the student has failed to find a job within the three month period. I don't think your brother has any other choice than to leave the US preferably within the next 2 months to avoid overstaying.

Thanks for the advice. I searched forums and looked everywhere on USCIS's site and they don't mention anything about this. I sent an email to my lawyer and on Monday she should come bk to me with concrete info. My bro is in the process of packing just in case.

Link to comment
Share on other sites

Filed: Timeline

As long as his I-94 says D/S he has a 60 day grace period from the last day of his student status. The visa expiration date is irrelevant. That's just the last day on which he can enter the US.

There is no extension of the grace period, but he may extend his student status if he enrolls in a new program and gets a new I-20.

Edited by jaejayC
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...