I applied for optional practical training (OPT) at the end of my program of study. While my application was pending, I left the U.S. to visit family in my home country before I would come back to work on OPT. …

… However, USCIS has just denied my OPT application. It is still less than 60 days after the completion of my program of study. Assuming there is no basis for a motion to reopen and/or reconsider (MTR) the denial of my OPT, can I come back to the U.S. and file another OPT application?

Answer

While an OPT application can normally be filed during an F-1 student’s 60-day grace period, unfortunately, once you left the U.S., you were no longer in F-1 status. Since travel during the 60-day grace period is not permitted, you are no longer eligible for the remainder of your grace period. (10.Jul.2015)

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.

Access more FAQs here.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved