What happens if my contract job ends before my OPT or STEM OPT expires?

 If your contract job ends before your OPT or STEM OPT expires, there are a few important steps you need to take to stay in compliance with your F-1 visa and avoid jeopardizing your status. Here's a detailed breakdown of what happens and what you should do:

1. Grace Period after Employment Ends

After your employment ends, the F-1 visa regulations provide a 60-day grace period during which you are allowed to remain in the U.S. even if you are not employed. During this time, you can:

• Seek new employment (as long as the employment is directly related to your field of study and you are still in OPT or STEM OPT status).

• Prepare to leave the U.S. if you cannot secure new employment or extend your status.

2. Report Employment Status to Your DSO

When your contract job ends, you must report it to your Designated School Official (DSO) within 10 days. Your DSO will update your SEVIS (Student and Exchange Visitor Information System) record to reflect your new employment status. Failing to report your job loss can lead to violations of your F-1 status.

• What to report: Notify your DSO of the end date of your employment and any other relevant details. If you're still within the 60-day grace period, your status will remain active, but it will be noted that you're unemployed.

3. Finding New Employment

If you're still within your OPT or STEM OPT period and your contract job ends, you can continue looking for a new job that is related to your field of study. However, there are some important points to keep in mind:

• 60-Day Rule: You can remain in the U.S. without violating your visa status as long as you are actively seeking new employment within the 60-day grace period.

• Unemployment Limit: During OPT, you are allowed to accumulate up to 90 days of unemployment. If you reach the 90-day limit, you may violate your F-1 status and could risk losing your ability to stay in the U.S. under OPT.

• For STEM OPT, the unemployment limit is extended to 150 days. You are allowed to be unemployed for up to 150 days during your STEM OPT extension, but it’s still important to act quickly to find a new qualifying job.

4. Impact of Unemployment on Your Status

If you remain unemployed beyond the allowed days (90 days for regular OPT or 150 days for STEM OPT), your F-1 status could be in jeopardy. If your unemployment exceeds these limits, it could lead to:

• Termination of your OPT/STEM OPT status.

• Accrual of unlawful presence in the U.S., which could negatively affect future immigration applications.

5. Options If You Can't Find a New Job Before OPT Expires

If you cannot find a new job before your OPT or STEM OPT expires, you have a few options:

• Change of Status: You may be able to apply for a change of status to another visa type (e.g., H-1B, F-2 dependent status if your spouse is an F-1 or H-1B holder, or another visa type). Keep in mind that you must apply for a change of status before your OPT expires.

• Enroll in a New Program: You could choose to enroll in a new academic program (e.g., a new degree program) to maintain F-1 status, but this typically means you would need to be admitted to a new school and begin your studies again.

• Return to Your Home Country: If you’re unable to find a new job or change your status, you will need to leave the U.S. before your OPT expires to avoid overstaying your visa and accruing unlawful presence.

6. If Your STEM OPT Employer Terminates Your Employment

If you’re on STEM OPT and your employer terminates your employment, you have the same options:

• You have 150 days of unemployment during the STEM OPT extension.

• As with regular OPT, you must report the end of your employment to your DSO and update your SEVIS record.

If you don't find a new job before reaching the 150-day limit, your STEM OPT status will end, and you’ll need to either leave the country or change your visa status.

7. What If You're Self-Employed or a Contractor?

If you're working as a contractor or self-employed, your employment must still be related to your field of study, and you need to ensure that:

• The employer or client you’re contracting with can demonstrate control over your work and is paying you as an employer would.

• The position is still qualifying for OPT or STEM OPT purposes, meaning it must be directly related to your degree.

• Self-employment may be challenging to justify unless you can provide adequate evidence that your work is legitimate, related to your field of study, and that you maintain a valid employer-employee relationship with someone (e.g., a contracting agency or company).

8. Steps to Take If You Can’t Find Another Job in Time

If you can't secure new employment or switch to a new status before your OPT or STEM OPT expires, here are the actions you should consider:

• Contact an immigration attorney: If you're uncertain about your options, it's always a good idea to consult with an immigration lawyer to explore alternative options or to avoid overstaying your visa.

• Consider other visa options: Depending on your situation, you might be able to transition to a different visa type, such as an H-1B work visa, if you have a job offer from a qualifying employer.

• Return home: If no other options are available, you should make plans to leave the U.S. before your authorized stay expires.

Conclusion

If your contract job ends before your OPT or STEM OPT expires, it's essential to take immediate action to maintain compliance with F-1 visa regulations. You will enter a 60-day grace period during which you can look for new employment or explore other visa options. However, keep in mind the limits on unemployment days (90 days for regular OPT and 150 days for STEM OPT), and be proactive in reporting the change to your DSO. If you’re unable to secure new employment before your OPT expires, consider consulting an immigration attorney to explore your options.

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