Legal Question in Immigration Law in Washington

I applied for the OPT for master degree level in the past (10+ years ag0), then work in the the US for a few years as H1B, then I went back to my home country when my H1B expired. After a year, I returned back to the US as a student with F1 visa. I'm about to complete my 2nd master degree here and I'm wondering if I am eligible to for OPT after I finished my 2nd master degree. I've been told that students are eligible for OPT for the same level of education only once. I guess, my question is when I came back to the US, am I considered to have a clean slate or I'm still bounded by one OPT for the same level of education? Thanks.


Asked on 11/15/13, 7:06 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

No "clean slate" that I am aware of regarding the OPT issue. However, if you were outside the U.S. for at least one year after your H-1B employment, you have a "clean slate" for purposes of re-applying for the H-1B in the new fiscal year & obtaining the 6 year maximum all over again (keeping in mind that you must maintain lawful nonimmigrant status while the I-129 petition is pending, if you intend on remaining in the United States during that time; April 1, 2014-September 30, 2014).

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Answered on 11/17/13, 1:23 pm


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