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-   -   Exceptions to time test on 3903 (https://www.askmehelpdesk.com/showthread.php?t=215370)

  • May 12, 2008, 10:10 PM
    johnwang9999
    Exceptions to time test on 3903
    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?
  • May 12, 2008, 11:39 PM
    MukatA
    You can claim moving expenses if you moved to start your new job in March 2007.
  • May 13, 2008, 08:31 AM
    AtlantaTaxExpert
    Agreed; you CAN claim the moving expenses under the exception to the time test.

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