I received OPT authorization three months ago, after graduating with a master’s degree in accounting. I started looking for a job right away, but …

… I was seven months pregnant and, due to complications, had to be on bed rest for a few weeks. After that I had my baby and am only now starting to contact prospective employers again. Will the 90-day unemployment limitation apply to me even if failure to be employed since the start date of my OPT was not through any fault of my own?

Answer:

Unfortunately, you are likely to be subject to the 90-day limitation on unemployment on OPT even though you were physically unable to work. SEVP has confirmed in its recent communication with the Murthy Law Firm that all students have to abide by the SEVP OPT Policy Guidance. Regardless of the circumstances, no student will be allowed to exceed the allotted time for unemployment. (01.Oct.2013)

Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved