How many unemployment days can I claim while on STEM OPT with NYS Department of Labor?
I'm currently on STEM OPT extension and my company just laid me off last week. I've been working in tech for about 8 months after graduating. I'm trying to figure out how many days of unemployment benefits I can claim through NYS Department of Labor while still maintaining my STEM OPT status. I know there are specific rules about unemployment periods for F-1 students but I can't find clear info about the exact number of days allowed. Has anyone been through this situation? I'm worried about jeopardizing my status but also need the income while job hunting.
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Zoe Dimitriou
This is a complex situation that involves both immigration law and state unemployment benefits. For STEM OPT, you're generally allowed up to 90 days of unemployment during the entire 24-month extension period. However, eligibility for NYS Department of Labor benefits depends on your work authorization and previous earnings. You'll need to file a regular UI claim and provide your work authorization documents.
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Andre Lefebvre
•Thank you! So the 90 days is cumulative for the whole STEM period? I had about 15 days unemployed when I was job searching after graduation, so I'd have 75 days left?
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QuantumQuest
i was on stem opt too and got laid off. the unemployment counting is tricky because NYS Department of Labor and USCIS count differently. i think you can collect benefits but you need to keep track of your unemployment days carefully for immigration purposes
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Jamal Anderson
You need to be very careful here. The 90-day rule for STEM OPT unemployment is separate from NYS Department of Labor benefit eligibility. Just because you can receive benefits doesn't mean those days don't count toward your 90-day limit. I'd recommend consulting with an immigration attorney before filing to make sure you understand all the implications.
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Mei Zhang
•This is so confusing! Why can't there be clearer guidance on this? I'm in a similar situation and scared to do anything wrong.
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Liam McGuire
I had trouble getting through to NYS Department of Labor when I needed to discuss my work authorization status for my claim. The phone lines are always busy and the online chat wasn't helpful. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who understood my situation. They have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Made the whole process much easier than trying to call for hours.
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Andre Lefebvre
•How much does something like that cost? I'm already tight on money from being laid off.
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Liam McGuire
•It was worth it for me to avoid the phone frustration, but you can try calling NYS Department of Labor directly first. Just be prepared for long wait times.
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Amara Eze
Don't forget you also need to maintain your job search requirements for both NYS Department of Labor benefits AND STEM OPT. The job search for STEM OPT has to be in your field of study, which might be more restrictive than the general NYS Department of Labor job search requirements.
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Giovanni Ricci
ugh the whole system is so complicated especially for international students. good luck figuring it all out OP
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