Legal Question in Immigration Law in New York

Re: Break and Re Use of OPT

It may work if you initially request OPT status for a shorter period than 12 months and then go back to your academic program. Interrupting OPT employment and not resuming studies according to the rules of your program is likely to render you out of status for immigration purposes. There is no way to avoid gaps in your F-1 status if you do not officially convert to another non-immigrant status by filing a change of status application while you are still in status (if you qualify for another visa). The only limited gap-saving measure I know is the 60-day grace period following the termination of (not a break in) your academic program or OPT.

In general, Optional Practical Training can be authorized for a maximum aggregate period of 12 months per educational level (but can be authorized for a shorter period). Also, a student becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Although students may engage in OPT both before and after completion of studies, the maximum amount of time that can be granted is 12 months per educational level.

Note that OPT done after completion of the course of study must be completed within a 14-month period following the completion of study.

Consult an immigration attorney before taking any action.

The above reply is in the nature of general information, is not legal advice and should be taken as such.