I applied for post studies completion OPT in Feb and received the card in May. My OPT started from 14th of May. In Feb i was in last sem of my degree ( I took took graduation walk in MAY even though i had not received all of my grades at that time). And at the same time i was working full time in OPT. My problem is that my grades were posted in JUNE and i was told that in 1 of the courses i had less grade which would not allow me to graduate and have a degree and i have been asked to repeat the course this fall. Since i am in OPT i was asked to get permission from International office in my school. Now, they say that i need to cancel my OPT and get a new i-20 issued from school to complete that 1 course. They say that since its a post completion OPT they have to cancel it in order to allow me to take that 1 course and complete my degree. And they say i need to have a new i-20 generated as in my old i-20 the date of completion of degree has been already been marked as May 14 2007 and the i-20 has expired. I am in dilema, i looked in most of the school websites to find out if classes can be taken even though i am in post completion opt or not.....most of them have the info as i can take the classes. but my college advisors do not agree. I could not find any info regarding that in USCIS site. So if anybody could help me with the correct info, i would be highly appreciated.Further do i need to have a new i-20 to take that 1 course requirement?

thanks,

As far as I believe, I may be wrong and this is not an expert opinion, you can take that extra class without cancelling your OPT as a part time student. Since you will not be taking full courses you can do that. Regarding, CIS help, they are unaware of these odd situation most of the time so better do your research on your own and take information to them.

 

Last edited: 08-Aug-07 01:52 PM

Your expiration date on OPT is the date your F1 visa expires. You don't need another I-20 to finish your class. Even you are in OPT, you are still in F1 visa. Your I-20 now has nothing to do with anything until your OPT has its validity date. Your school needs to let your attend that class without the need of I-20 as your OPT is the prime object for your student status in US.

thanks laborperm, one more help.... Is there any kind of written documentum from uscis regarding the things you mentioned above so that i can take a copy of it and get rid of this problem as soon as possible.....

thanks

laborperm,
you are totally incorrect. i believe you missed the main issue in this case.

narayanghatko_keto,
I am sorry to say that your college's international adviser is correct in this regard.

1. your OPT is granted based on the fact that you are going to complete your degree within 60 days of your filing i.e. there is a time associated with that. [ hence, post completion OPT ] since, you did not complete that requirement by default your OPT is invalidated. you are lucky that they have not caught up with your paper-work.
You can go to any school and any adviser would say the same thing.

2. because of change in the immigration policy. while you are on OPT you cannot take any classes may it be for present degree or even different degree or third degree. [ when i say OPT it is a POST DEGREE COMPLETION OPT]

there is a way you can actually work your way out of this:

1. play a "i will be deported scenario" with the Prof. ( in the course which is causing your GPA to fall below 3.0) . tell him/her you will do extra work and ask him/her to raise it by a letter grade. usually profs are helpful in this aspect. they would let you do some extra work and change the grade from (B+ to A-) this would solve your problem. and he can file a change of grade. all depends on your rapport and how you present your case to the professor.

of course you can follow your adviser's advise and get a new I-20. but you need to get that definitely. all i would say that you are lucky in this aspect that the UNIVERSITY has not separated you, yet.

=====================================================
as always
what do i know (O:

thapap,

Thanks for the correction. Your comments differ from this below doc. Let me know if you think this doc holds any truth.

Special Information for Optional Practical Training Related to the Completion of Your Degree. Here is the URL. Please refer to the doc for more info.
http://www.unm.edu/~oips/all_handouts/OPT%20.doc

• Application Deadline
You should submit an application to the International Advisor during the period that begins 120 days before you complete your program of study. However, USCIS MUST receive your application BEFORE the completion of the requirements for your degree or program at the latest (application procedures are described below). If you complete your studies without applying for OPT, you are no longer eligible to apply for the training. Immigration regulations refer to the date you complete all requirements for a program of study, not to the date the degree is conferred or to the date you participate in graduation ceremonies and receive a certificate or diploma. The USCIS ignores your graduation date because it realizes that many students, especially graduate students in thesis or dissertation programs, may complete requirements for a degree any day during the year. This means that the day you complete the last requirement for the degree will be your “completion date”. Your lawful F-1 status expires 60 days after the date you complete degree requirements and you are expected to leave the country by that date unless you have already filed an application for practical training or made other arrangements to lawfully remain in the U.S. Please contact the Office of International Programs and Studies with questions.

so there is no way out of this?. Morever, I had worked in CPT for 8 mths. Then i applied my OPT. If i cancel my OPT, get a new i-20....can i get 4 to work in the 4 mths cpt time i have left on me???. At least i will be able to work until dec.

Since thapap knows the process, I would leave it upto him/her to answer your questions. I don't want to give any mis-info to you as I was already been tagged being INCORRECT.

Laborperm jyu,

I am not trying to tag you or interpret. I am just saying that the statement you made is incorrect. particularly "Your school needs to let your attend that class without the need of I-20 as your OPT is the prime object for your student status in US."



[here, i am talking from STRICTLY LEGAL POV.]


Please do remember that OPT is not the prime object of your student status.

a. PRIME OBJECT of the STUDENT STATUS is COMPLETION OF DEGREE. YOU DID NOT COME HERE TO WORK. YOU CAME HERE TO STUDY

b. POST COMPLETION OPT was awarded based on the FACT that YOU WILL COMPLETE ( before the OPT START DATE) /(HAS COMPLETED by the filing date) your DEGREE.

c. ANOTHER VERY IMP. factor is that OPT is awarded ONLY for WORK in Related FIELD.

d. when you apply for your POST COMPLETION OPT. remember that you adviser has to sign a PAPER saying that the DATE OF COMPLETION is [SUCH and SUCH].


[ we all know what we are facing in the states and how OPT and work-permit or H1-B are (mis)used. ]

anyway regardless of what it is please do not take anything personally.
we are just presenting facts that we are aware of.


If i understand correctly, my statement regarding 60 days is in question. i very well understand why it is. and basically it is my ERROR in presenting the days. and thank you for pointing it out. ( AND this serves as a reminder to me to read before what i post. actually, my 60 day shortened the time of period of filing. [@ least no harm done] )


Here are the facts:
a. you can apply up to 120 days before your OPT Start date.
b. Date of completion is the day you fulfilled your DEGREE Requirement.
c. you cannot apply OPT after you FULFILLED your DEGREE Requirement.
d. there CAN be a GAP of 60 days between the day you FULFILLED your DEGREE Requirement AND OPT start DATE.
e. OPT START DATE cannot be EARLIER than the day your DEGREE REQUIREMENTS ARE FULFILLED

please refer to following link for more information:
and i am attaching a picture which will explain the date in QUESTION.

laborperm jyu,
there is nothing wrong with the information you excerpted. it is still valid. [ remember it is not correct as to how it is interpreted. like the 60 days thing i mentioned.]

narayanghatko_keto,

i am assuming that you are a grad student and your GPA is below 3.0 .

before i can tell you exactly how you may be able to fix this i need to know more about your grades and how many semesters you have been part time.
1. how many part time semesters?
2. credit reqd for graduation?
3. individual grades?

as i mentioned before, (only 2 routes that i can think of)
first: you can have the grades changed. [ this would allow you to keep the OPT ] best solution.

second: get new I-20 if your advise/or is offering to issue. i am very much surprised that h/she is doing that.

actually there is a third one too,
get married to PR or GC holder and file change of status immediately. that way you can work freely.

=====================================================
as always,
what do i know (O:

my average GPA for all 5 sem is 3.53
In the last sem i took 12 credit i.e 4 courses......in three i got A and in one i got C-. My average GPA for this sem is too well above 3 but in 1 course its C- so as per my MBA director the grade should be between A to C in individual course to grant me a degree. This is my situation.

Thanks

i have no partime semesters till now.

credit reqd for graduation is only 3 (coz i got C- in that, Ihave to repeat that).

Except this course my individual grades for all other courses is well above B+.(cgpa till now 3.53)

1. can you talk with that individual professor to have your grade changed from C- to C. i do not think s/he will have much problem.
royi karai garera try that. if you can do that all your problem will be solved.
is s/he that tough to approach?

is this a core course in which you have C-?

2. your program director is also a real khadoos.. what else can i say. Program Director, or Dean has the discretionary power to actually override and let you slide if they want. Explain the situation to them. most of the time they help.

read your university course of studies that specifically outlines that the requirement for passing or graduation. is the requirement only GPA above 3. or does it also specify that you have to have grades above C in each courses or only core course.
this varies by university/colleges. you might just get lucky and slide by if nothing regarding grade is mentioned anywhere.
surprising that they have a fix at C. for graduate studies anything under B is almost worthless. you cannot transfer or anything so "C" or "C-" not a big difference. [ except pulling the GPA down]

No offense [ it would be nice to know the name of this school which has a big thing for C ]

thapap,

we got to maintain average GPA for 1 sem at 3 or above. Which means that in a sem you got to have gpa of 3 or more but in individual subject the grade has to be between Ato C in order to pass that subject.

This is a prerequisite course which i had to take during the final sem of my study as they did not waive it.

Moreover since you kinda know my overall situation would like to request one more info. If i cancel my OPT issue a new i-20, can i use the 4 mths of cpt time that i have left on me? As i only worked for 8 mths in CPT and then applied for OPT. And after i cancel my opt would i be able to use rest of 8 months in opt after i complete the course by reapplying it.Whats the procedure. Its because i am being offered a permanent position now and i have to file my h-1b in coming april

thanks

it all depends on what kind of things they are going to write and include in your I-20
I am still not sure how they are going to issue your new I-20. this has really baffled me.

about OPT it was one time deal. you cannot claim what is unused. it is kind of lost.

about CPT, i do not think there is anything like time limit about how long you can be on CPT.

only restriction i know is:
a. if you work in CPT full time for more than 12 months you forfeited the option of applying for 12 months OPT.

Nothing to worry about taking classes wihile on OPT. However you should complete your classes befor the end date of your OPT. The regulations do make it clear that one can take a class or two to complete the degree that he/she is seeking. So the school should let you take a class to complete your degree. You should not worry about it at all!

Reading all these, I am confused about my own OPT. I am a PHD student and I was supposed to graduate on September 1. So I applied my OPT on July 15th. On around August 15th, there came a research problem. Then I moved my graduation date to Feb 1st. Then my gradute school said that I had to register for 1 credit for Fall 2007. I did that and my international student advisor told me that they had to update my OPT I-20 with grauation date changed to Feb 1st. But my OPT still starts on OCT 1st and ends on SEP 30th of 2008. I just did what they said. By the way here in my university there are more than 3000 international students. So my problem is that when I saw the post of thapap point # "e. OPT START DATE cannot be EARLIER than the day your DEGREE REQUIREMENTS ARE FULFILLED," I am confused myself. I remember that the international advisor of my university, which is a very big university in Western New York, had told me that I could start my OPT 6 months before my completion date and be on OPT and work on thesis.

You will be fine since you are towards your degree completion however your OPT will end on 09/30/2008.

You will be fine since you are towards your degree completion however your OPT will end on 09/30/2008.

Thanks istamitra for your response.