Q: I got my EAD card after my Master’s in the US but returned to my home country due to an emergency and didn’t use my OPT.
I have got an offer for a second Master’s at an Ivy League uni that offers STEM OPT. From what I’ve understood, I can’t apply for OPT if I have applied for it before (at the same degree level). Is there a way I can challenge this? Is it worth going for the program on the hopes of getting H1B right after my Masters?
Thanks in advance!
A:
Based on the current U.S. immigration regulations, if you have already been granted OPT at the Master's level, you are not eligible for a second period of OPT at the same degree level, even if you did not use your previous OPT due to your return to your home country.
However, there are a few options you can consider:
1. STEM OPT Extension: If your new Master's degree is in a STEM (Science, Technology, Engineering, or Mathematics) field, you might be eligible for a 24-month STEM OPT extension after completing your initial 12-month OPT. This extension is available even if you've previously used OPT at the same degree level.
2. H-1B Visa: Pursuing an H-1B visa directly after your Master's degree is another option. Having a Master's degree from a U.S. university can increase your chances in the H-1B lottery. If your employer is willing to sponsor your H-1B visa petition, you can try applying for the H-1B lottery after completing your degree.
3. Other Visa Categories: Depending on your circumstances, you may be eligible for other visa categories, such as the O-1 visa for individuals with extraordinary ability or the L-1 visa for intracompany transferees.
Given the complexity of U.S. immigration law, it's highly recommended that you consult with an experienced immigration attorney to discuss your specific case and explore the best options available to you. They can provide personalized advice based on your unique situation and goals.
Pursuing a second Master's degree at an Ivy League university can be a valuable opportunity for your personal and professional growth. However, it's essential to carefully consider your long-term immigration plans and weigh the potential risks and benefits before making a decision.
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