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Old 04-22-2011, 01:15 PM
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Default Urgent: new job starts after 90 days on OPT

Dear all:

May I ask what I should do in the following situation?

I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

I am under tremendous pressure and really want to hear your opinions.

Many thanks in advance!
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  #2 (permalink)  
Old 04-22-2011, 03:04 PM
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Originally Posted by tslee View Post
Dear all:

May I ask what I should do in the following situation?

I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

I am under tremendous pressure and really want to hear your opinions.

Many thanks in advance!
ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.
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Greened on September 3rd, 2010. (New Employer EB3 to EB2 Porting Case)
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