S3 Blog: Working While You Wait: OPT, Grace Periods and the Release-Date Gap
| If you are working under OPT, you generally keep working until your SEVIS release date. After the release, your old authorization ends, and you cannot work again until the new school’s DSO authorizes CPT and the CPT start date on your I-20 arrives. The stretch between those two dates is the “release-date gap,” and it is the most damaging mistake to make by accident. Unauthorized employment is a serious status violation. It is far easier to prevent than to fix, and some consequences can follow you into later applications. Because exact timing depends on your own situation, the safest plan is to map the dates first. The three phases
OPT unemployment days Post-completion OPT allows only a limited number of days without employment (90). Days without a qualifying job count toward the limit, and SEVIS can terminate a record that goes over it. When you transfer from OPT, you generally need to be within that limit up to the release date. A late release does not stop the count. Check your running total with your current DSO before choosing a date. Grace periods After a program or OPT ends, F-1 students currently have a 60-day grace period to depart, transfer or take another step. You cannot work during a grace period. If you want to transfer, the record must usually be released before the grace period ends. Students in this stage often have the tightest deadlines, so an early start matters. No work after the EAD ends, none before CPT starts • If your EAD end date passes without a new authorization, you must stop work that day. • If your CPT start date is after the day you are released, you cannot work between them. • If the new school has not authorized CPT yet, you cannot start “in the meantime.” Some call statements said transferring SEVIS activates OPT, or that a consultant could not confirm how long CPT would take. Both should be treated as incorrect or incomplete. OPT ends at release. CPT timing is set by each school, and a consultant cannot confirm it for you. Travel risks during the transition • Before release, travel rules for students on OPT differ from those for students in class. Ask your DSO what documents you need to re-enter. • After release, you must re-enter on the new school’s I-20. • A visa that expires is not the same as status ending. If you leave the U.S., you may need a valid visa to return (see Article 11). • Do not buy non-refundable tickets until your dates are confirmed. Step by step 1. Write down your last day of authorized work (OPT or EAD end, or release date). 2. Write down your first day of authorized CPT from the I-20 once the new school issues it. 3. Compare. If there is a gap between them, plan for no work in that period. 4. Ask your employer about leave options rather than resigning. Resignation is a separate decision, so do not make it before your dates are mapped. 5. Ask your new DSO how long CPT authorization usually takes and what documents are required. 6. Submit your CPT documents as early as the school allows. 7. Do not begin work until you have the I-20 with CPT authorization. What not to do • Do not work “just a few days” before the CPT start date. • Do not treat a CPT application receipt or a verbal “approved” as authorization. The I-20 is what counts. • Do not let OPT unemployment days run while you wait. • Do not assume a consultant can confirm your work dates. Only the DSO can authorize CPT. Checklist: before starting CPT • Confirm eligibility • Confirm CPT authorization • Review Form I-20 • Confirm employer information • Confirm authorized start date • Confirm authorized end date • Do not begin work before authorization Bottom line Know your last authorized day and your first authorized day. If there is a gap between them, do not work in it. |