OPT Unemployment Days

[karthiksr]

Hi All,

I graduated from my university with a Masters Degree in Electrical Engineering in May 2014. My OPT start date was on July 15 2014. I got a job on October 6, 2014. I have updated my employer details to the university. I have accumulated a total of 83 unemployment days.

I will be changing the companies either in March 2015. I will then apply for an EAD OPT STEM extension after joining the new company.

My concern is that between changing companies, I might reach or exceed the 90 days unemployment period since I have already accumulated 83 days before I got my first job. If this happens, my EAD OPT extension may be denied or rejected.

If the last day of employment of my first company and the date of joining the second company are two consecutive days, will that help me in avoiding accumulating unemployment days ? Also, if the date of joining the new company is provided on the offer letter, will that be a proof that I have not accumulated any unemployment days or is it only when they add me to their system or are both the same ?

I would like to know as to how does USCIS counts the number of unemployment days if I plan to do this.
Please let me know about this as I would not like to get an OPT Extension denial.

Thanks

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[lisaanderson]

Hi All,

I graduated from my university with a Masters Degree in Electrical Engineering in May 2014. My OPT start date was on July 15 2014. I got a job on October 6, 2014. I have updated my employer details to the university. I have accumulated a total of 83 unemployment days.

I will be changing the companies either in March 2015. I will then apply for an EAD OPT STEM extension after joining the new company.

My concern is that between changing companies, I might reach or exceed the 90 days unemployment period since I have already accumulated 83 days before I got my first job. If this happens, my EAD OPT extension may be denied or rejected.

If the last day of employment of my first company and the date of joining the second company are two consecutive days, will that help me in avoiding accumulating unemployment days ? Also, if the date of joining the new company is provided on the offer letter, will that be a proof that I have not accumulated any unemployment days or is it only when they add me to their system or are both the same ?

I would like to know as to how does USCIS counts the number of unemployment days if I plan to do this.
Please let me know about this as I would not like to get an OPT Extension denial.

Thanks

Just make sure there is no gap between your reported last day and the day you join your new company. Once your STEM is approved, the max unemployment time goes up to 120 days, so you shouldn’t have a problem.

[karthiksr]

Thank you for the response.

Is it better to send the employment offer letter from both the companies and pay-stubs of the first company in the application package to show as a proof that I am within the 90 days unemployment period or should I just send the letter provided by the new company and provide the proof of employment history only if I am asked ?
Also, should the letter from the first company show my last day of employment so that it is can be a proof of not using up the remaining unemployment days ?

Thanks

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 14th - Please review comments from other users.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 14th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

You can have a total of 120 unemployment days under OPT.

[DesiOPT-FaceBook-Fan]

u can have maximum 90 days of unemployment while on post opt and if u are awarded stem opt, u get more 30 days. In ur case, as stem is not yet awarded u have maximum 90 days. Join the company B as soon as you can before 90 days completes. Get an offer letter from company B mentioning the start date and if possible ask them to start running your pay roll from the date within 90 day cap.

[DesiOPT-FaceBook-Fan]

You can have a total of 120 unemployment days under OPT.

That includes both the initial and STEM OPT. With 90 days of unemployment in intial OPT, you are out of status and will not be approved a STEM extension.

[DesiOPT-FaceBook-Fan]

1. Yes it will. Both will be counted as employment days.
2. It may or may not be a proof. It is not required to provide offer letters and pay stubs unless USCIS asks you. If they ask or you get a RFE then the best bet will be your paystubs.
3. Not sure, but mainly based on paystubs and OPT reporting to the school.

Remember, on STEM you have to be on a paid employment and also to be eligible for STEM the employer must be e-verified. The OPT extension form asks for the e-verify number of the company.

[DesiOPT-FaceBook-Fan]

1 yes
2 yes
3 as now they dont have proper mechanism to count it they randomly ask you to prove u r self ..