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If I work 12 months or more on CPT, do I still lose my
OPT opportunities?
Not necessarily. If you work 12 months or more full-time on CPT, then you are no longer
eligible for any type of OPT. Part-time CPT employment does not affect your eligibility for OPT.
Effect of DHS Regulations and SEVP Policy Guidance on OPT
How does the SEVP Policy Guidance affect students who received
their EAD prior to the federal regulation changes on April 8,2008, but who have not graduated or received a
Letter of Completion?
These students will need to have their program end date shortened to show the date of the department letter indicating
that their classes were completed. These students are on post-completion OPT and so held accountable to the below:
- May work full time
- Are eligible for the STEM OPT extension
- Are eligible for the H1-B Cap Gap fix
- Days of unemployment begin to accrue after April 8,2008.
- If a student does not graduate by the end of their OPT authorization period, he/she cannot extend the I-20
and will be considered out of legal immigration status.
What if I apply for Post-Completion OPT based upon graduation,
but do not graduate as planned?
All students in this situation should first determine whether they are enrolled full-time for the current semester.
If not, you will need to speak with an ISS advisor to discuss your options for obtaining full-time enrollment status.
If you have not received the EAD card, you should withdraw the Post-Completion OPT application from the USCIS Service Center.
You must request, in writing, that the ISS advisor cancel your Post-Completion OPT application in SEVIS and send a fax to the
USCIS Service Center processing your Post-Completion OPT application to request that the EAD be cancelled. Withdrawing your
OPT application is very risky. You could risk losing all of your OPT.
Undergraduate and Master's Non-Thesis students who have not received the EAD card but choose not to withdraw their OPT
application are not permitted to use the EAD card until they graduate. Undergraduate and Master's Non-Thesis students
whose EAD card has already been approved should do the following:
- Apply for an extension to your I-20 before the expiration of your I-20.
- Only work part-time (20 hours or less per week) in the Spring and Fall semesters or full-time in vacation
periods using your EAD card. If summer is your last semester, you can only work 20 hours per week.
- Remember that days of unemployment begin to accrue on the start date of your EAD card.
Master's Thesis and Doctoral students who have not received the EAD card but choose not to withdraw their OPT
application may use the EAD card prior to graduation as long as they have completed the coursework on their degree
plan and set the date of their defense. Master's Thesis and Doctoral students whose EAD card has already been
approved are eligible to begin working as long as they have completed the coursework on their degree plan and
set the date of their defense. Master's Thesis and Doctoral students should make sure to graduate before the
end of their OPT authorization period.
Can I apply for post-completion OPT after I graduate
or receive a letter of completion?
Students are eligible to apply for Post-Completion OPT during their 60-day grace period following
the completion of their academic program as long as USCIS receives the application
before the grace period ends.
Should I apply for a Letter of Completion from OGS?
In most cases, students should not apply for a Letter of Completion from OGS, as it limits your time period
to apply for and begin your OPT employment. Regardless of your reasoning for requesting a Letter of Completion,
this action will affect your OPT.
What are the consequences to applying for a Letter of Completion?
Your I-20 program end date will be shortened to the date the Letter of Completion was approved by OGS. You
must stop working on campus once your Letter of Completion is approved. Your 60-day grace period thus begins
on the day the Letter of Completion was approved. Your requested OPT start date must be within 60 days after
your Letter of Completion was approved. There is a risk that you will not receive the full 12 months of OPT
since USCIS can take up to 3 months to process an OPT application. You are permitted to remain in the U.S.
while your OPT application is pending, even it is still pending beyond the 60-day grace period following
your Letter of Completion date. For most students, obtaining a Letter of Completion is NOT a preferable option,
as it limits your time period to apply for and begin your OPT employment.
Pre- versus Post-Completion OPT
What are the main differences between Pre- and Post-Completion OPT?
Pre-Completion OPT:
- Temporary employment prior to completion of the course of study.
- Occurs before the I-20 program end date. ISS will not shorten the I-20 program end date.
- Days of unemployment do not accrue.
- A student who still has coursework remaining to complete his/her educational objective or degree
program is limited to 20 hours per week while school is in session.
- All students may work full-time during annual vacation (summer) and other official school breaks.
- Master's Thesis and Doctoral students may work full-time if they have completed all course requirements
for their degree (excluding thesis or dissertation).
- All students may apply up to 120 days prior to their requested start date.
- If a student does not graduate by the program end date on their I-20, the student may request an F-1
Extension of Stay.
- Students are not eligible to apply for the STEM OPT Extension.
- Students are not eligible for the H-1B CAP GAP fix.
Post-Completion OPT:
- Temporary employment following completion of the course of study.
- Occurs after the I-20 program end date. ISS will shorten your I-20 program end date to your graduation
date, the day before your requested start date, or the day your Letter of Completion was approved by OGS.
- Days of unemployment begin to accrue on the day the EAD card is valid.
- A student should work full-time (over 20 hours per week).
- Degree-Specific Eligibility Requirements:
- All students who apply for graduation may request an OPT recommendation from ISS up to 90 days
before graduation and 60 days after graduation. The requested OPT start date must be within 60 days
after graduation.
- Any graduate student who receives a Letter of Completion from the Office of Graduate Studies may
request an OPT recommendation from ISS within 60 days after receiving the Letter of Completion. The
requested OPT start date must be within 60 days after the Letter of Completion was issued.
- Any Master's Thesis or Doctoral student who completes the coursework on their degree plan and sets
the date of their defense may request an OPT recommendation from ISS up to 90 days prior to their requested
OPT start date.
- If a student does not graduate by the end of the Post-Completion OPT authorization period, the student cannot
extend the I-20 and they will be considered out of legal immigration status.
- Students are eligible to apply for the STEM OPT Extension while on Post-Completion OPT.
- Students are eligible for the H-1B CAP GAP fix while on Post-Completion OPT.
Can I apply for both Pre- and Post-Completion OPT?
Yes, but you must apply for each form of OPT separately. For example, a student could apply for 9 months of Pre-completion
Completion OPT and then apply for 3 months of Post-Completion OPT so that they would still be eligible to apply for the
STEM OPT Extension and the H-1B Cap Gap Fix.
Is my major eligible for the STEM OPT extension?
Please refer to OPT Application Instructions and Forms
for a list of majors that are eligible to apply for the OPT extension. ISS has no authority to
add majors to this list. We understand that this is frustrating and are working with university
officials to explore options to add to this list in the future. Unfortunately, it is doubtful that
any solutions will be quick ones.
Can I apply for the full 29 months of OPT at once if I am eligible for the
STEM OPT extension?
No. You will still apply for the 12 months first and then, if you are eligible, you will
be able to apply for the next 17 months.
What documents do I need to process the STEM OPT Extension
with ISS?
Please refer to the OPT Application Instructions and Forms page.
Do I need to schedule an appointment with an International
Student Advisor to process my STEM OPT Extension?
No, you do not need to make an appointment. You can submit your documents to the ISS front counter or mail them to the ISS office.
When can I start applying for my STEM OPT Extension if
I am eligible?
You can apply for the STEM OPT Extension up to 90 days prior to the end date of your
OPT (the end date on your EAD card). Please be aware that if you are approved
for a STEM OPT Extension and have not used a portion of the original OPT approved,
"then the remaining time from the 12 month OPT allotment is forfeited".
If I have already applied for H-1B and am waiting for the
results can I still apply for the STEM OPT extension?
While you are still eligible to apply for the STEM OPT Extension, you are also eligible for
the H-1B CAP GAP fix outlined in the federal regulations. To find out more information about
this, please refer to DHS Regulations section and read page
18954 of the Interim Rules, 8 CFR ?214.2(f)(5)(vi).
Will I still be able to apply for the STEM OPT
Extension if I have a change in employer during the STEM OPT Extension application
process?
Yes. You will just need to update your employer information in the ISS OPT Data System.
This information needs to be updated within 10 days of the change, as per the new OPT regulations.
If I have dependents on F-2 visas how will the STEM
OPT Extension affect them?
If you are granted the STEM OPT Extension and you are still in legal F-1 immigration
status, then your dependents are still in legal F-2 immigration visa status.
Just as with your original OPT, you will receive new I-20s for yourself and all
dependents if you are eligible for the STEM OPT Extension.
Can I apply for the STEM OPT Extension with an expired visa?
Yes, as long as your I-20 is valid (e.g. recommended for the original OPT) and you are in
legal F-1 status. If your passport has expired, you need to be in the process of renewing the expired passport.
After I have been approved for the STEM OPT Extension, can I travel outside of the U.S.?
At this point, we have no guidance on this from DHS.
Once the STEM OPT Extension has been approved, can I change jobs?
At this time, it appears that this is not a problem based on information in the preamble of the regulations. We are
seeking additional clarification about this issue.
Once my H-1B has been approved, am I still eligible for the STEM OPT extension?
No. Once your H-1B has been approved, you are no longer an F-1 student, thus you are not eligible for an OPT extension.
Please refer to DHS Regulations section for the rules about the H-1B Cap Gap Fix.
If I was unemployed before the April 8, 2008 regulations became into effect,
do those days count?
Days of unemployment accrued prior to the April 8, 2008 regulation update do not count towards the maximum 90 days
of unemployment. Keep in mind that the 90 days are an aggregate, not a cumulative, total.
