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Do I get a second OPT if I plan to do mba from us after ms?

Portland, OR |

I was in USA during the period Aug 2008 - April 2011.
During the course I attended gradaute studies (Master of Science)@ State Univeristy of New York - Stony Brook and was on F1 Visa
by the time i graduate i recieved my EAD card valid for the period May 2011-May2012 as I graduated in May 2011.

I got my employment in the same year during Aug 2011 and I started to work on my EAD permit (OPT) at the same time.
Further, my company filed my H1b visa which got approved during Dec 2011 although I didn't get my staming done for the same
and I left US during April 2011.

If I have to consider starting my MBA in US will I be eligible for a second OPT period after i finish my MBA?

I have heard that if the individual stays out of US territory and returns back after atleast 1 year then he is eligible for another OPT period for same level of education.

Please assist,

Attorney Answers 3

Posted

That seems to be correct. To be absolutely sure, however, this type of question should be posed to the university's foreign student advisor.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

That sounds correct. As Attorney Behar has suggested, check with you Designated School Official. You can always check back here afterward. Best of luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

I agree with my colleagues. You should be eligible for a second OPT period but you should check with the foreign student advisor. Good luck.

The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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