How to Stay in the USA After Graduation?

How to Stay in the USA After Graduation?

Following is a guide for F-1 and OPT visa extensions.

Students who study in the US may wonder that how to live in the US are completing graduation. Even if your F-1 visa expires it is possible to stay in the US. One can stay while gaining real-world experience and internships. Students can legally stay in the US by using Optional Training Practice( OPT) extension or STEM OPT extension to their F-1 visa.

Rules for international workers seem difficult. But right F-1 visa extension can help. Let us try to understand various options for an F-1 visa and OPT extensions after graduation.

How to Stay in the US Legally After Graduation

An OPT extension can help students in staying in the US after their F-1 visa expires. The OPT allows students to work in the US for 12 months. The curricular practical training (CPT) allows students to work during graduation while OPT allows them to work after graduation. But if you used your OPT during graduation then you cant extend it again. Although if you apply for graduation again you become eligible.

Those who are studying science, technology, engineering, or mathematics (STEM) can extend visas through STEM OPT extension.

When to Apply for an OPT Extension

A form named I-765, or request for post-completion OPT can be used for extending a visa. A minimum of 90 days before degree completion criteria is required. Before filling out an application your Designated School Official (DSO) must enter a request for OPT into the Student and Exchange Visitor Information System (SEVIS). After the request for OPT is made by your DSO you have 30 days for filing out the application form. Due dates and timelines for OPT filling are issued by DHS through a post-completion OPT planning tool which can help students. A 60-day time is given for filling out Form I-765. Make sure the start date for OPT is within the F-1 visa grace period after graduation, which means it must be within 60 days of the end of your program of study.

How to Apply for an OPT Extension

A request in SEVIS must be asked by the DSO. Then fill the OPT form and pay the filing fees and, biometric fees which can total $495.

Following are the steps for OPT extension process.

  1.  Ask your DSO to enter an OPT request in SEVIS
  2. Sign the form I-20 (provided by your DSO)
  3. Complete an Application for Employment Authorization
  4. Submit the form, OPT extension fee, and supporting documentation electronically or by mail
  5. Answer any request for evidence from the US Citizenship and Immigration Services (USCIS) by the listed deadline
  6. Receive your approval

There is no need for a job or offer letter during this process but when you get a job it must be directly related to your field.

How Long Does it Take for OPT Extension Approval?

Within 80-120 days one can expect an OPT approval. For the last few years because of the increase in the workload, it takes longer. According to the data international students working in the US have increased by 400% from the year 2016- 2018. Many are working in the field of STEM.

Can I Apply for OPT Extension After OPT Expires?

A 24-month STEM OPT extension is an add-on to your post-completion OPT, not a replacement for it. Yet do not wait for OPT to expire. File the extension when 90 days are remaining for graduation.

Students who hold a STEM degree are eligible for applying through a STEM visa.

Courses included are

  • Biological sciences
  • Engineering
  • Mathematics
  • Physical sciences

Your employer must also be ready to sponsor your request. The employer must be enrolled in the USCIS E-Verify employment eligibility verification program. Your employer must provide you with at least 20 hours of work per week. Formal training should also be provided to meet the goals.

If you did not study a STEM-related field, you must leave the US by the end of the OPT extension grace period of 60 days.

Working in the US with an H-1B Visa

After your practical training is over, temporary employment authorization is needed knowing as an H1-B visa. Every year some people are granted an H1-B visa.

You become eligible for a Cap-Gap extension if you are switching between F-1 and H1-B visas.

This extension exists to close the gap between the end of the OPT period on April 1 and the H-1B status period that begins on October 1.

You may be eligible for Cap-Gap if:

  • Your employer filed an H-1B petition
  • You have an F-1 visa status
  • You are in an authorized period of post-completion OPT

Some people apply who are granted an H1-B visa apply for Green Card in hopes of becoming a resident of America.

Best Practices for Maintaining Your US Visa Status

Try to plan so you can meet OPT deadlines. Try to prevent delays. Inform your DSO in case of a change in phone number, address, etc so this information can be updated in the SEVIS.

Always remember OPT rules can change anytime. So always keep yourself updated with the changes. Visit the official website  DHS.gov or USCIS.gov.

For more information, You can contact us at info@gkworks.in or call 9643362320 to Schedule an appointment or Contact your nearest branch now https://www.gkworks.in/branch-offices/

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