An F-1 student now faces a serious risk to legal status after receiving a Notice of Intent to Deny for an initial OPT application. The issue stems from a past simple misdemeanour charge. You are watching the clock as your post graduation grace period nears its end.
NOID response filed but deadline looms
You have already submitted a response to the NOID. However, the 60 day grace period after graduation is about to expire. This timing places you in a high risk situation with little room for delay.
What happens if OPT is denied
If your OPT application is denied, you fall out of status once the grace period ends. Experts and Designated School Officers have clarified that the 60 day grace period does not restart after an OPT denial.
Pending I-765 offers limited protection
You can stay in the US legally only while your I-765 work authorisation remains pending. Once OPT is denied, your SEVIS record automatically changes to completed, ending your eligibility to stay.
Transfer not allowed after denial
After the SEVIS status updates, you cannot transfer to another programme from within the US. At that point, you must leave the country immediately to avoid unlawful presence.
DSO action is critical
You need to contact your DSO without delay. A SEVIS transfer is still possible before a final OPT decision. Acting now can protect your legal stay even if the denial comes through.
Leaving the US becomes last option
If you miss this window, you must exit the US and reapply from abroad. Staying beyond this point risks long term immigration consequences that can affect your future plans.
