This article explains OPT unemployment days and the grace period, including how to calculate these days.
OPT Unemployment Days
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OPT unemployment days refer to the time when you are unemployed after you have begun your OPT period. This includes days when you have not yet found a job or have been laid off.
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Unemployment days are cumulative. During the 12-month OPT period, the total unemployment days cannot exceed 90 days. If you have started STEM OPT, the total number of unemployment days during the OPT period cannot exceed 150 days.
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Each employment must be reported in the SEVP Portal. If you do not update your information promptly, any days without employer information will be counted as unemployment days.
Grace Period
After your OPT ends, you have a 60-day grace period during which you can legally stay in the U.S. However, you are not allowed to work during this period. If you are not selected for H-1B, you may consider options such as changing your status or using Day 1 CPT to continue working in the U.S. If you decide not to remain in the U.S., you must leave within the 60-day period; otherwise, it will be considered unlawful presence.
For more information, please refer to:
How to Check Your OPT Unemployment Days?
While the 60-day grace period is easy to calculate (it begins the day after your OPT ends), tracking your unemployment days can be more complicated. Here are two ways to calculate it:
1. Self-Calculation
You can calculate your unemployment days by starting from the OPT start date listed on your EAD card and counting every day you were without employment during the OPT period. It is important to note that if you change jobs or are laid off, the gaps between two jobs will also count toward your unemployment days.2. Checking via the SEVIS System
- Log in to the SEVIS system.
- Scroll down to the “SEVIS Unemployment Counter” section. Follow the instructions to view your accumulated unemployment days and the remaining days allowed.
What to Do if You Get Laid Off During OPT?
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Confirm the employment end date with your employer so you can update the information in the SEVP Portal.
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If you were selected for an H-1B during the employment, discuss with HR about how to proceed.
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If you were selected in the H-1B lottery but the petition has not been filed, consult with HR to see if they can request premium processing to expedite the process.
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If you were laid off after filing, negotiate with the company to ensure they do not revoke sponsorship.
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Negotiate with HR to set your last day after October 1, which will allow your H-1B visa to take effect.
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Inform your school’s DSO of the employment end date, update the information in the SEVP Portal, and calculate the remaining unemployment days.
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If you have time, seek employment actively.
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If you are running out of unemployment days, search for unpaid or part-time work (applicable to only initial OPT).
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Consider enrolling in a Day 1 CPT program or changing your status to maintain legal residency in the U.S.