Can I stay in the US while waiting for OPT?
One of the most common questions among international students in the United States is whether they can legally stay in the country while waiting for their Optional Practical Training (OPT) approval. The answer to this question is both yes and no, depending on the specific circumstances and the type of visa you hold.
For those on an F-1 student visa, the good news is that you are allowed to stay in the US while waiting for your OPT approval. According to the regulations set by the United States Citizenship and Immigration Services (USCIS), you can remain in the country for up to 60 days after the end of your course of study, provided you have a valid I-20 form from your school. This grace period is intended to give you enough time to apply for OPT and prepare for your transition into the workforce.
Once you have applied for OPT, you will receive a receipt notice from USCIS. During this time, you are considered to be in valid F-1 status, which means you can legally stay in the US. However, you are not allowed to work until your OPT is approved and you receive an Employment Authorization Document (EAD) from USCIS.
It is important to note that the duration of your stay in the US while waiting for OPT approval is limited. You can only stay for a maximum of 60 days after the end of your course of study, and an additional 60 days after your OPT application is approved. If you exceed these time limits, you may be considered out of status and face serious consequences, including being barred from re-entering the US in the future.
For those on an H-1B visa or any other non-immigrant visa, the situation is different. If you are on an H-1B visa, you can apply for OPT, but you will not be allowed to stay in the US while waiting for approval. In this case, you will need to leave the country and return once your OPT is approved.
In conclusion, if you are an F-1 student visa holder, you can stay in the US while waiting for your OPT approval, but only for a limited period of time. Make sure to follow the regulations and maintain your valid F-1 status throughout the process. For other visa types, you may need to plan your stay accordingly and consider leaving the country while waiting for OPT approval.
