What if I've exceeded 90 days of unemployment
If you are on post completion Optional Practical Training and you have exceeded 90 days of unemployment, you have violated the terms of your visa status. However, International Student Advisors have been advised that "DSOs are not responsible for calculating unemployment time or taking action in SEVIS based on unemployment time. If a student's SEVIS record remains in Active status and the student has otherwise maintained F-1 status, a DSO should consider the student in status and act accordingly." that means that we can still process a student for a transfer or a change of level.
However, students need to be aware that a student may be denied future immigration benefits that rely on the student's valid F-1 status if DHS determines that the student exceeded the limitations on authorized unemployment. This means that you could be denied any kind of change of status while in the United States (for example, a change of status from F1 to H1) if you do find an employer willing to sponsor a change of status.
As of September 19, 2009, the OIS is unaware of any situation where a student was denied a change or adjustment of status based on having been unemployed for 90 or more days. However, the risk does exist.
Finally, no student who is unemployed should risk travel while on OPT. Reentry requires proof of current employment.