Reposted
Dear International Student,
You are receiving this email because you are an F-1 student currently on OPT (or have recently been approved for OPT).
The following information contains OPT updates as of April 8, 2008. You do not need to respond to this email.
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OPT UPDATES
What is OPT? Optional Practical Training (OPT) is available to F-1 students who are currently in legal status and have completed one full academic year (Spring and Fall semesters). OPT allows you to work up to *12 months anywhere in the U.S. in a field related to your major. Students may engage in OPT for any employer for the duration of OPT authorization, as long as the employment qualifies under OPT standards. Students are eligible for one *12-month period of OPT time after completion of each higher degree level.
Types of OPT and Updates to Filing Dates
1. Pre-completion OPT. This allows the student to work before the student’s program end date. In this category, your may work up to 20 hours a weeks in your field of study, while school is in session (Fall and Spring). Students may work full-time when school is not in session (Summer, Winter) only if they will register for the consecutive semester.
When can you apply for Pre-completion OPT? A student may file 90 days before he/she completes a full academic year. If the student has already completed a full academic year, then he/she may apply for OPT up to 120 days in advance of the requested start date. The start date of the OPT will be after the last day of completion of full-time enrollment for one academic year.
2. Post-Completion OPT. This allows the student to work full-time in his or her field after the program end date.
When can you apply for Post-completion OPT? You may file the request for post-completion OPT no more than 90 days prior to your program end date. The requested start date for your OPT cannot be more than 60 days past the program end date.
REPORTING REQUIREMENT
All F-1 students currently on OPT must report the following to the International Student Office within 10 days of any change.
-Change of Name
-Change of Address
-Name of employer
-Address of employer
-Change of Employer
-Any unemployment gaps during OPT period.
*(To update this information, please complete “F-1 OPT Information Update Form†and fax or mail it to the International Office within 10 days. The form has been attached to this email).
Unemployment period during OPT.
Students on OPT are allowed 90 days of unemployment during their OPT. If you were approved for OPT before April 8, 2008, then US CIS will begin counting the days of unemployment AFTER April 8, 2008. You do not need to worry if you were unemployed for 90 or more days if you were on OPT prior to April 8, 2008. The number of days of unemployment will start to be calculated after April 8, 2008.
You must be actively seeking employment during your OPT. Keep documentation of all interviews, job applications etc for reference.
*STEM OPT EXTENSIONS APRIL 8, 2008
F-1 students who completed a bachelors, master’s or doctoral degree in a STEM field and are currently engaged in post-completion OPT may apply for a STEM extension if they have a job or job offer from an E-Verify employer.
What is STEM?
STEM means Science, Technology, Engineering and Mathematics fields of study.
Effective April 8, 2008, F-1 students who graduated in these fields and are currently on OPT may be eligible to apply for a one-time extension for 17 additional months. The STEM degree must be in one of the following fields:
-Computer Science Applications
-Biological and Biomedical Sciences
-Actuarial Science
-Mathematics and Statistics
-Engineering
-Military Technologies
-Engineering Technologies
-Physical Sciences
-Science Technologies
-Medical Scientist
For a more complete list under these categories, you may visit the US Immigration and Customs Enforcement webpage at http://www.ice.gov/sevis/stemlist.htm
What is the E-Verify Program?
“E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.†(retrieved from www.uscis.gov/everify)
The F-1 student who is interested in filing a STEM extension must ensure that the company/organization at which he/she will be employed must be enrolled in the E-Verify program. The International Student Advisor is not responsible for verifying this information.
How to File for a STEM OPT Extension?
The F-1 Student currently on OPT must submit the following to the International Student Advisor BEFORE the current OPT expires (it is best to submit the application 90-120 days before the expiration date of the current OPT authorization)
- Form I-765
-Money order for $340 made payable to US CIS
-Copy of passport page, visa page, front and back of I-94 card
-Copy of current EAD card
-Completed F-1 OPT Information Update Form
-Name and Address of Employer as listed in E-Verify or a valid E-Verify client company identification number. This information must be listed in item 17 of Form I-765
The International Student Advisor will verify if the student is eligible for the STEM extension and submit all forms to the appropriate US CIS office.
The student will be notified if the STEM Extension is approved.
OPT CAP GAP UPDATE APRIL 8, 2008
General Rule: F-1 students who are on post-completion OPT will continue to maintain valid F-1 status until the expiration of their OPT. Once that OPT has ended, they may remain in the United States for up to 60 days to prepare for departure.
What is the Cap Gap?
The Cap Gap is that period of time between the OPT expiration date and the start date of the approved H-1B status (October 1)
Effective April 8, 2008, F-1 students with an H-1B petition may receive an automatic extension of F-1 status and OPT. This will allow the student to continue working after the OPT expiration date up until September 30.
The Cap Gap extension begins when the F-1 student’s current period of F-1 status ends. The eligibility date is the date a US CIS Center receives a properly filed Form I-129 (petition for a Nonimmigrant Worker; H-1B)
In order for an F-1 student to have employment authorization during the cap, the student must be in an approved period of OPT on the eligibility date (the date the US CIS received the properly filed Form I-129 for H-1B approval).
Is there an application or fee to receive the Cap Gap Extension?
No, there is no fee and the extension is automatic. However, the student must notify the DSO (International Student Advisor) of his or her eligibility for an extension. If the student’s SEVIS record has not automatically been updated, the DSO will have to send a notification to SEVP based on the student’s H1-B application status.
What is the length of the Cap Gap Extension?
For F-1 students with active post-completion OPT and with an H1-B petition that has been selected, the cap gap extension for both employment and F-1 status starts the date the student’s original OPT expires and ends on September 30. However, if the H1-B application is rejected, withdrawn or denied, then employment authorization will end and the 60 day grace period will begin
If an F-1 student whose OPT expired prior to the filing date of the H1-B Application, the cap gap extension will begin at the end of the 60 day grace period and end September 30 unless the H1-B application is rejected, withdrawn or denied. In this case, these students will not have work authorization.
What should the student do?
1. The F-1 student must find a suitable employer to file the I-129 on their behalf in order to change their status from F-1 to H-1B
2. If the H1-B application is selected by US CIS, the F-1 student should receive the H1-B notification (receipt, approval notice) from the employer who files on his/her behalf.
3. The student must notify the International Student Advisor of his or her eligibility for extension by presenting the H1-B notification. The length of the Cap Gap extension will vary depending on the status of the H1-B application.
Scenarios:
1. The H1-B is properly filed: The OPT will be extended to June 2, 2008 and F-1 status will be extended to August 2, 2008.
2. The H1-B petition is not selected: No additional extension is granted (no cap gap extension permitted)
3. The H1-B application is selected for wait-listing: OPT authorization is extended to July 28 and F-1 status is extended to September 27, 2008.
4. If the H1-B is selected for receipting, OPT authorization is extended to September 30. When the student’s record is automatically updated in SEVIS, the student will receive a new I-20 form which shows the extension dates.
Please note: The student will not automatically receive a notification if the extension has been granted. Students must keep in contact with the employer that files the Form I-129 (H1-B petition) on their behalf and also with their International Student Advisor. If the SEVIS record has not been automatically updated by US CIS, then the International Advisor will request a Data Fix on behalf of the student. The student’s SEVIS record will be updated to reflect the cap gap extension. It is the student’s responsibility to keep in contact with the International Student Advisor to ensure that the SEVIS record has been properly updated by US CIS.
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Coordinator of Academic Records/
International Student Advisor
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