johnwang9999
May 12, 2008, 10:10 PM
Hello All,
I applied for the OPT in June 2006, thinking that I would graduate in September in time to start work on the OPT. I received my EAD card in September 2006. However, my degree completion was delayed until January 2007, and I did not start work until March of 2007. Since my OPT expired in September 2007, I only had about 7 months on the job. This meant that I did not meet the 39 week time test. However, since I was "discharged" due to completion of OPT i.e. not "willful misconduct" can I claim the exception to the time test in this case?
I applied for the OPT in June 2006, thinking that I would graduate in September in time to start work on the OPT. I received my EAD card in September 2006. However, my degree completion was delayed until January 2007, and I did not start work until March of 2007. Since my OPT expired in September 2007, I only had about 7 months on the job. This meant that I did not meet the 39 week time test. However, since I was "discharged" due to completion of OPT i.e. not "willful misconduct" can I claim the exception to the time test in this case?