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Question

I graduated with MS in engineering few years back and was approved for OPT for 343 days. I am currently enrolled in another MS program (in STEM) and intend to utilize the remaining 22 days (of the total 365 days that a F1 student is typically eligible for at a degree level) after graduation. I have discussed this with the ISSS officials at my University, and they said “We will recommend the OPT for the remaining duration, however we cannot guarantee the outcome of the application. In Nov 2017, we learned that the new interpretation by USCIS in deciding cases indicated that they would no longer permit splitting post-completion OPT between two degrees at the same education level.” I know that the splitting of OPT b/n two degrees at the same education was allowed in the past (I know someone who was in an identical situation and could split his OPT 3 years back). There is this confusion whether the current administration is allowing that anymore. Grateful if you could help me get a clearer view of the current policy in this regard. Also, in what ways can an attorney be of help here? Can one re-present his/her case if the initial OPT request is denied (or if a RFE is issued)?

User's Location: West Lafayette, Indiana, United States of America

Category: F1 Visa (Student Visa)