How to Stay in USA after education

 How to Stay in USA after education

It is quite prestigious getting an opportunity to get certified from The UnitedStates of America, isn’t it?

 But one surely doesn’t fancy leaving the country after their graduation because, agree or not, it is a harbour of development and scope for an individual.

So how can you ensure their stay and citizenship after your F-1 visa (visa for students valid until completion of the course) and OPT visa (visa that allows temporary employment in the field of graduation) have expired?

Basically, you can extend you stay in the US by applying for an OPT extension or a STEM OPT extension to their F-1 visa. Rules may seem difficult to international students but F-1 visa extension can help.

HOW EXACTLY CAN ONE LEGALISE THEIR STAY IN THE US AFTER GRADUATING?

During your graduation, CPT (curricular practical training) allows you to seek employment along with studies whereas the OPT (optional training practise) allows you to work for a 12- month period after graduation. Some people may have used their OPT during graduation. They can apply for extension post-completion OPT. Those who have studied science, technology, engineering or mathematics(STEM) can extend visas through STEM OPT extension.

HOW AND WHEN DOES ONE APPLY?

Your DSO (Designated school office) must send a petition for OPT into the Student and Exchange Visitor Information System(SEVIS) at least 90 days before you fill the form. There are two forms for visa extension – I-765 and request for post-completion OPT.

After your DSO has requested the OPT, you have 30 days to fill the form. The DHS releases due dates and timelines for OPT filling through a post-completion OPT planning tool. Then a 60-day time is provided to fill out the I-765 form. One must make sure that the OPT must start within 60 days of completion of the course i.e. the grace period provided after graduation.

The total fees for the forms is around $495. Following are the steps for OPT extension process:

a.     Ask your DSO to send an OPT request to SEVIS and fill the I-20 form provided by your DSO)

b.     Fill out an application for employment authorisation card (I-765 form), also called work permit.

c.      Submit the extension form and fees and all documents via mail or electronically.

d.     Reply to any request for evidence by the UNCIS and keep track of deadlines.

e.     Receive your approval.

Originally, this process doesn’t demand any jobs. However, your job must be related to your field whenever you get one.

HOW LONG DO YOU HAVE TO WAIT FOR THE APPROVAL?

Its takes 80-120 days on an average for a person to receive their approval. However, this time period has increased with increasing work load on the system due to a 400% rise in international students from 2016-18 as reported by data and survey.

HOW CAN I EXTEND MY STAY WHEN OPT EXPIRES?

You can apply for a 24-month STEM OPT extension after the completion of your OPT. However, apply no sooner that 90 days prior to your current OPT end date. Students with a STEM degree (i.e. pursuing science, technology, engineering or mathematics) may apply for a STEM visa.

Your employer during the OPT period must fulfil the following requirements:

a.     The employer must be a part of the USCIS E-verify employment eligibility verification program.

b.     The employer must be willing to sponsor your request.

c.      The employer must provide you with 20 hours of work per week.

d.     You should have formal training to meet your goals.

People who didn’t study in STEM fields aren’t eligible for this process and must leave the US after their grace period is over.

WORKING WITH A H-1B VISA:

A H-1B visa is permit that allows employers to temporarily hire foreign applicants after their practical training is over. Now, if you are switching between F-1 and H-1B visas, you are eligible for the cap-gap extension which is basically a permit to legally stay from the end of OPT period (1 April) till the start of H-1B ( 1 October). You are eligible to apply for cap-gap extension if

1.     Your employer has filed a H-1B petition

2.     You have a F-1 visa status

3.     You are in an authorised period of post completion OPT.

Many people also apply for green card after H-1B visa to gain permanent citizenship.

MUST DO’S TO ENSURE YOUR VISA:

1.     Avoid delays in filling out forms and try to meet deadlines.

2.     Inform your DSO in case of change in contact or address details.

3.     Keep yourself updated for any changes can happen in OPT rules. Visit official websites DHS.gov or USCIS.gov for updates.