Students on F1 visas are generally eligible for Optional Practical Training (OPT) when:

1. A Full time Student for at least one academic year which is normally 8 to 9 consecutive months (unless a graduate student in a special program);
2. The training is related to a course of study;
3. It is employment for the purpose of practical training; and
4. It is not for English language training.  

OPT may be exercise in one of four circumstances:

1. During student’s annual vacation and at other times when school is not in session;
2. While school is in session as long as it does not exceed 20 hours per week;
3. After completion of all course requirements;
4. After completion of the course of study.

OPT is limited to 12 months (non-stem students) and the training must be completed within 14 months of graduation.  STEM students (Science, Technology, Engineering, or Mathematics) can obtain one additional 17 month period (29 months in total) if the Employer is enrolled in the E-verify program and agrees to report the students departure within 48 hours.

Many students training under OPT later find jobs with their current employers or new employers and subsequently file for H1B visas.  The rules relating to whether a student on OPT may stay in the US and/or work while the H1B visa is pending (and subsequently approved) are very case specific and its imperative to obtain the best guidance possible by an experienced Immigration Law Firm.  Contact Cipolla Law Group today for a consulation.