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Updated Frequently Asked Questions for New F1 OPT Regulations Released on April 8, 2008

Updated 4/11/2008 5:10 P.M.

There are many more questions than answers about the regulations at this time.  International Student Services (ISS) is working with other colleges and universities, and our national professional organization to address with the Department of Homeland Security the many unanswered questions about these new OPT STEM extension and other OPT regulation changes.  We will update this FAQ as we learn more and provide update notices via the ISSNEWS listserv.

1. When does the 90 days of unemployment officially start? If I have been unemployed before the regulations became into effect, do those days count?

Generally, when such regulations come out, they are effective on the date of issue and do not apply backwards in time.  However, we do not have verification of this from DHS.   Please wait to hear more on this question. 

2. What documents do I need to process the OPT Extension with ISS?

ISS is still working on the details of what will be needed and will shortly post that information.  Our first concern is to send out more specific information first to the nearly 90 Texas A&M University students eligible for STEM extensions and whose OPT expires prior to August 2008.  However, we anticipate that the following will be needed: 

a.  completed student form requesting a STEM extension (form still being finalized)

b.  employer letter (details of required content still being finalized)

c.  copies of any I-20 and I-94 card for the F-1 or F-2 dependents ONLY IF the F-1 or F-2 has travelled outside the US since the OPT was recommended by ISS.

d.  instructions about how the new I-20 recommending STEM OPT should be delivered to the student applicant (there will be three possible ways, details will be released next week)

e.  entry online in a database created by ISS to capture DHS required employer information (database site will be made available shortly)

f.  a legible copy of the applicant’s current EAD card, clearly depicting start and end dates. 

These may be sent to us by fax at 979-862-4633, e-mailed as an attachment to iss@tamu.edu (subject line “OPT STEM extension application”), or mailed to us. Please be sure to include your full name, UIN, and cover information stating this is for an OPT STEM extension.

3. Is my major eligible for the OPT extension?

Please refer to http://international.tamu.edu/iss/people/updatedopt.asp  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.

4. When can I start applying for my OPT STEM Extension if I am eligible?

The earliest that SEVIS will be updated to receive input of information required by DHS for the issuance of the new I-20 showing the ISS STEM OPT recommendation will be the night of Friday April 18.  Therefore, the earliest ISS can begin processing applications is April 21.  However, once ISS has the documents finalized that will be necessary to produce the new I-20 (see question 2 above) students can begin sending in applications at any time.

Please be aware that if an F-1 student is approved for a STEM OPT extension, and has not used up some portion of the original OPT approved, “then the remaining time from the 12 month OPT allotment is forfeited.”

5. Do I need to schedule an appointment with an International Student Advisor to process my OPT Extension?

No.  These may be sent to us by fax at 979-862-4633, e-mailed as an attachment to iss@tamu.edu (subject line “OPT STEM extension application”), or mailed to us. Please be sure to include your full name, UIN, and cover information stating this is for an OPT STEM extension.

However, students who live in nearby cities who want to drive in to accomplish this in one day and return with their documents may make appointments on Fridays starting with Friday, April 25.  If you want to do this, please call ISS at 979-845-1824.  You must have all paperwork completed when you come for the appointment. 

6. If I have already applied for H1b and are waiting for the results can I still apply for the OPT extension?

While you are still eligible to apply for the OPT STEM extension, you are also eligible for the CAP GAP fix outlined in the federal regulations.  To find out more information about this, please refer to http://international.tamu.edu/iss/people/updatedopt.asp and read page 18954 of the regulations, 8 CFR § 214.2(f)(5)(vi).

7. Will I still be able to apply for the OPT extension if I have a change in employer during the OPT extension application process?

Yes.  You will just need to update your employer information in the online system that ISS will launch shortly.  This needs to be updated within 10 days of the change, as per the new OPT regulations. 

8. How long will it take for International Student Services to process my new I-20?

As you know, this is one of the busiest months for ISS.  We will do our best to process them as quickly as possible.  Because this is a new duty, we have no idea how this will impact current processing times already posted on the ISS website.  We request your patience as we work through these issues and try to serve both students on OPT, current students, and new incoming students, all of whom have important issues that need to be addressed.  

9. Can I apply for the full 29 months of OPT at once?

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. 

10. Has the new I-765 form been released and is there instructions on how to fill it out?

Please refer to http://international.tamu.edu/iss/people/updatedopt.asp regarding the new I-765 form and instructions. 

11.  If I have dependents on F-2 visas how will the OPT extension affect them?

If you are granted the OPT extension and you are still in legal F1 status then your dependents are still in legal F2 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 OPT STEM extension. 

12. Can I apply for the OPT extension with an expired visa?

Yes, as long as your I-20 is valid (e.g. recommended for the original OPT), you are in legal F1 status, you are eligible for the OPT STEM extension.  If your passport has expired, you need to be in the process of renewing the expired passport. 

13. After I have been approved for the OPT extension can I travel outside of the United States?

At this point, we have no guidance on this from DHS. 

14. Once the 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.   

15. Once my H1b has been approved am I still eligible for the OPT extension?

No, Once your H1b has been approved you are no longer an F1 student, thus you are not eligible for an OPT extension.  Please see the rules about the CAP Gap Fix. 

16.  If I work 12 months or more using CPT do I still lose my OPT opportunities?

Yes, If you work 12 months or more using CPT, then you are no longer eligible for any type of OPT.