5. 📉 OPT/STEM OPT Unemployment Rules and Status Maintenance

OPT/STEM OPT Unemployment Rules and Status Maintenance

 The Clock is Ticking: OPT/STEM OPT Unemployment Rules and Status Maintenance

Overview: Navigating the OPT Unemployment Clock

Maintaining valid F-1 status requires strict adherence to regulations concerning the unemployment limit. Exceeding the permitted number of unemployment days can lead to the termination of your SEVIS record and loss of legal status in the U.S.

I. The Core Rule: Days Counted and Limits

II. Stopping the Clock: What Counts as Legal Employment?

Work does not need to be full-time or paid to stop the clock. Students must engage in work activities related to their field of study, including:

1. Paid Employment: At least 20 hours per week (for STEM OPT).

2. Self-Employment: Requires documentation of business activity and 20 hours per week of work.

3. Unpaid or Volunteer Work: Permitted on both OPT and STEM OPT, provided it is related to your field of study and is at least 20 hours per week.

III. Conclusion

Accurate reporting of employment and meticulous tracking of every unemployment day is critical to avoiding SEVIS termination and the loss of your F-1 status.

6. ✈️ H1B Change of Status Travel Risks and Abandonment of COS Petitions

[H1: Travel Traps: H1B Change of Status Travel Risks & Abandonment of COS Petitions]

Overview: The Dangers of Leaving the U.S. While Pending

If you are currently in the U.S. and apply to change your status (COS) to H-1B, leaving the country before the H-1B is approved and valid often results in the automatic abandonment of the COS request.

I. The Fundamental Conflict: COS vs. Consular Processing

• Change of Status (COS): This action asks USCIS to change your status internally. Leaving the U.S. before the H-1B is valid cancels the COS request.

• Consular Processing (CP): This procedure requires you to travel to a U.S. consulate abroad to get your H-1B visa stamp and then re-enter the U.S.

If you travel while your COS is pending, you are considered to have abandoned the request. This means you will not automatically acquire H-1B status on October 1st and must obtain the visa stamp abroad before returning to work.

II. Strategic Travel Planning

• The Safe Window: You can travel safely after your H-1B is approved and the effective date has passed (usually October 1st).

• The Only Early Option: If you must travel early, you must instruct your lawyer to file your petition via Consular Processing from the outset.

III. Conclusion

Never travel while an H-1B Change of Status petition is pending without direct consultation with a Boston H1B Visa Lawyer. A single timing error can void your legal status and necessitate international travel and processing.