Q: My OPT will expire on 6/4/2024. I've applied for OPT extension but I got laid off today. How long is the unemply period?
My OPT will expire on 6/4/2024. I've applied for OPT extension. It's not processed yet but I got laid off today. How long will be my unemployment grace period?
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A:
I understand this is a stressful situation. Based on the information you provided, here are the key details regarding your F-1 OPT unemployment grace period:
- Your initial 12-month OPT period is valid until June 4, 2024.
- During the initial 12-month OPT, you are allowed an unemployment grace period of up to 90 days.
- Since you have already applied for the 24-month OPT STEM extension, if your STEM OPT application is approved, you will get an additional 60 days of unemployment time for a total of 150 days over the entire 36-month OPT period (90 days for the initial 12-month period + 60 days for the 24-month extension).
- However, until your STEM OPT is approved, you are still under the initial 12-month OPT rules. This means after being laid off, you have 90 days of unemployment grace period to find a new job, depart the US, transfer to a new degree program, or figure out an alternative legal status.
- If your STEM OPT gets approved while you are still unemployed, then the additional 60 days will be added to whatever remains of your original 90 day allowance at the time of approval.
So in summary, you currently have up to 90 days of unemployment grace period, but this could extend to a maximum combined 150 days if your pending STEM OPT is approved. I recommend working diligently to find OPT-compliant employment as soon as you can. Wishing you the best of luck!
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