Mr. John Wang, a Chinese citizen, graduated from X University in the U.S. with his Bachelor’s degree on May 28, 2000. He got his OPT from August 2, 2000 to July 27, 2001 and started working for a software company as a programmer.

Mr. Wang’s H-1B was approved on May 25, 2001, from May 27, 2001 to May 26, 2004. Unfortunately, because of the burst of the internet boom, Mr. Wang was laid off on March 31, 2003. He then applied for a change of status to F-1 on April 10, 2003 and started his study for a master’s degree in accounting at Y University.

On May 15, 2005, when Mr. Wang graduated from his masters program, he comes to Zhang & Associates for consultation. He was confused why USCIS did not grant him an OPT for 12 month after he graduated from bachelor’s degree and wondered whether he could apply for a new OPT upon his master’s degree:

How is OPT Granted and Counted by USCIS?

1. OPT from August 2, 2000 to July 27, 2001, why less than one year?

The USCIS correctly approved Mr. Wang’s OPT for less than one year because a student may be granted authorization to engage in temporary employment for optional practical training during school or after graduation for no more than 12 months.  But in the situation that an OPT is obtained after graduation, it must be completed within 14 months of the student’s completion of the academic program.

In the recent case, Mr. Wang gradated from X University on May 28. His OPT started on August 2, 2000 but will only be valid until July 27, 2001, not August 1, 2001 due to the 14-month rule.

2. OPT from May 20, 2005 to May 19, 2006:

Optical Practical Training may be exercised after completion of all course requirements for bachelor’s, master’s or doctoral degree program. Students will qualify for a new 12 months of OPT based upon a higher educational level.

In Mr. Wang’s case, the USCIS could approve another 12 month OPT for him, upon graduation from his masters degree program because this was a degree level different from the degree level of his first OPT.