Legal Question in Immigration Law in California

OPT extension

If I have filed for OPT extension, the original 1 yr OPT period now has expired and am here as per the allowed 180 days while USCIS processes my application, how many days do I get as grace period to leave, in case my OPT extension application is rejected?


Asked on 7/07/08, 2:25 am

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: OPT extension

The grace period refers to the time at the end of OPT prior to departure or application. It does not refer to the time after denial. If you are denied, you have 180 days to depart the U.S. Unlawful presence only begins with the denial, not expiration of the F-1 OPT, unless you were to go beyond that time without making another application.

For more information, you can contact me directly via email at [email protected].

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Answered on 7/07/08, 4:25 am


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