THE NEW OPT RULE FAQ

OK, here are FAQs on the new OPT rule, E-Verify, a complete list of qualifying STEM professions and the full text of the OPT rule. I'll consider the two FAQs to be works in progress so please post questions in the comments and I'll consider them for inclusion in revised versions of the articles. Finally, note that in my original posting of STEM professions, I did not redact out "99 - other" professions and have done so now.

Download ead_extension_faq.pdf

Download everify_q_a.pdf

Download combined_stem_list.pdf

Download opt_rule.pdf

Comments

[Sandy]

Hi Greg,

I have a question about the 90 day rule for OPT. My OPT started on October 1st 2008 and I have been working as an unpaid intern since then for a firm in NY. How would the USCIS know that I have been working for the past six months avoid being out of status. Hope you can help. Thanks in advance

[Mr. Anxious]

Hello Greg, I have a serious problem about my OPT. I applied for OPT after graduating in Summer 2008 with a MS degree. I was approved in late December. However, I got an email a week ago from CRIS saying that my EAD card was returned to them as undeliverable, and that they will hold it for 180 days. They also instructed me to call their 800 number.

On this page, you state that ICE may consider cases such as mine and reset the EAD start date... or am I misinterpreting something? Please reply, I haven't contacted my OISS or USCIS about this yet!

[Esther]

Hi Greg,
I have a very tough problem about my OPT. My OPT starts from Oct 1st,2008 and I had no jobs until I left US for my homecountry on Dec 26th,2008. But recently the company I interviewed at the middle of December would like to extend an offer to me. Since the new OPT rules says more than 90 days unemployment results in the loss of OPT or F1 status, so do you think I can get the visa to reenter US if I want to apply for F-1 again? Thanks so much.

[Parit]

Dear Greg,

I have a question regarding the field of study eligible for the STEM extension.

On the first page of my I-20, it says that "the student named above has been accepted for a full course of study at this school, majoring in Mathematics, General. However on page three, where the employment authorization is detailed, there is a comment specifying that "Full Time Post Completion Practical Training in the field of Economics in recommended.

I wonder if I am eligible for the STEM extension.

Thanks

[NullAgain]

Hi! This blog has been of a help on clearing my doubts on the new OPT rule/17 month extension (STEM)

Under a new 90 day countdown-OPT rule:
I am unclear on this issue - I'm a merchandising(retail) major soon to be employed as a Business analyst/Tester(IT/Software). Since, my job is not directly related to my major.

Will it affect my F1-status?If so are there any ways to tailor(loopholes) it - lawyer? Or am i better off not taking this job and find something in retail? (want to pursue IT field for masters)

[Sukanya]

Hi Greg,

I am working for on of the company in Illinois. My company works for different clients. I came to California to work for one of the client. What address has to be updated with USCIS?? Client address in California or emploer address in Illinois??

[yogiraj kamat]

hi greg
Does the opt unemployment rule apply to people who applied for opt before april but were approved after april .i had applied in feb and received approval notice in may .but i did not know of the new rule when i applied .
Thanks

[yogiraj kamat]

hi greg
Does the opt unemployment rule apply to people who applied for opt before april but were approved after april .i had applied in feb and received approval notice in may .but i did not know of the new rule when i applied .
Thanks

[Gio]

7.4. Consequences of exceeding the period of unemployment
7.4.1. What is the effect on a student’s status if the student exceeds the period of unemployment?
A student who exceeds the period of unemployment while on post-completion OPT has violated his or her status unless he or she has taken one of the following actions:

Applied to continue his or her education by a change of level or transferring to another SEVP-certified school
Departed the United States
Taken action to otherwise maintain legal status

[C.H.]

Hi Greg,

Would I have the grace period after the 90 days unemployment provision. For example: At July 8, 2008, I still couldn't find a job, what's the date that I should be leaving in USA? July 8? or + 60 days grace period?

Thank you

[Nguyen Hong]

Hi Greg,

I graduated in Dec 2007 in MS Finance. I got OPT (valid from 12/15/2007 unitl 12/14/2008). Right now I keep looking for a job. Will the new OPT rule is applied to me or not? I am worried about the unemployment provision.

Thank you.
Nguyen Hong

[tinku]

Hi
My opt start date on May 16.
I am submitting my thesis on May 30
My employment start date is Aug 24.( Academic job)

My got my opt card in march i.e before 8th april when this rule got applied. I plan to work on thesis and submit my thesis on May 30th. I also have job offer who's date I can not change which starts on aug 24 .This leads to 96 days of unemployment. Please tell me what shall I do. I can not change my start date.Neither I am enrolled to any program.Please help me to get rid of those addition 7 days of unemployment.

[Lipna]

Thanks a lot RS and Scott!

[Scott]

USCIS has fixed the cap-gap issue:

http://www.aila.org/content/default.aspx?docid=25240

Does anyone have an idea if this also applies to petitioner's who have entered the grace period?

[rs]

Lipna,

AILA has an update to the cap gap extension "change of status" problem on its website.

www.aila.org/RecentPosting/RecentPostingList.aspx

I can not give you the details of their posting as I am not a member of AILA and thus could not see the entire posting.

Thanks,

RS

[Lipna]

Hi Greg,
I got my H1-B approved in MS quota. My OPT expires on June 30. My H1-B was not file in 'Change of Status' so I am worried if new cap-gap rule be applied to me or my lawyer need to do something about it!!
Do you know anything about it??

Thanks,
Lipna

[Jehush]

Hi;
I have a few doubts regarding the new OPT rule. I am doing MS(Electrical) and will be graduating in May'08. I plan to apply for OPT in June'08. So will there be any problem next year.ie., Aug'09? Or the OPT will be extended for a couple of months till Oct'09?

[Mike]

17 month OPT extension- What about other degrees?

Submit comments ASAP to add other degrees.

Here is the link:
http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=09000064804b55f1

Thank you

[RP]

Greg,

Thanks you very for all the information on this blog. It is a very valuable resource. I read your comments about the new unemployment rule. I finished my MS (non-STEM) in summer of last year and my OPT started in September 07. I have been consulting for companies and some of the work has been unpaid, while I was looking for a traditional full time job. I gather from your comments that I am in status and do not have to worry about going out of status until the end of my approved OPT term. Is this correct?

My second question is that I have a full time job offer now and my employer has filed for an H1B starting October. Will I be able to avail of the new cap-gap provisions and be able to work during my cap-gap period?

Thanks very much for your help!

[Scott]

Greg and EB3, any news at all on change to the ca gap provision? I'm running out of my OPT and entering my grace period early this week.

I sometimes feel I'm living a Kafka novel.

Thanks.

[Misa]

Greg, please can you clarify the unemployment issue?

1. Those whose OPTs were approved and EADs received prior to April 8, 2008 - are they still eligible for the full 12 month OPT job search rule, or is it now 90 days countdown to get a job with effective date as April 8, 2008?

2. How can volunteers tell their employers to submit for E-Verify? I will be working for a non-profit for summer, starting in May. How can I tell my employer to go for the E-Verify? What do they have to do? It is a small NY firm.

Thanks!

Misa

[sixthday]

Good news for the 90 days unemployment rule:

Key point:

1. SEVP is not planning to apply the unemployment provision
to any student whose OPT was approved before April 8, 2008.

2. For regular post-completion OPT, the employment does NOT have to paid employment. It can be self-employed, interning or volunteering in a position directly related to the academic field.

3. For the 17-month STEM extension, employment must be traditional paid employment.

Original article:

www.nafsa.org

April 11, 2008

During a meeting on April 11, 2008 with NAFSA and other stakeholders, SEVP provided some guidance on the OPT rule.
Please note: the answers were verbal and are subject to change. SEVP indicated that it plans to provide further written DSO Operating Instructions, including some of the information below, no later than Friday,April 18, 2008.

17-month STEM extension
SEVIS 5.8 will be rolled out on Friday, April 18, 2008 and will include functionality to request a 17-month extension for STEM graduates currently on post-completion OPT.
SEVP has posted the SEVIS Release 5.8 Training Slides - F/M Users which includes more information on functionality and instructions for recommending a 17-month STEM extension in SEVIS 5.8.

Unemployment provisions
NAFSA was told that SEVP is not planning to apply the unemployment provision to any student whose OPT was approved before April 8, 2008. NAFSA expects this to be clarified in the written Operating Instructions that SEVP plans
to post no later than April 18, 2008.

SEVP indicated that days of unemployment will be counted from either the start date requested (no later than 60 days after program end date) or the date the employment authorization is adjudicated, whichever is later.

SEVP further indicated that ICE may consider tolling the days for those students whose EAD was approved but not received (e.g. lost in the mail). For example, if a student has to re-apply for a duplicate EAD because the first was lost in the mail, ICE may take into account the date the duplicate EAD was issued. Regarding unpaid employment, SEVP said:

For regular post-completion OPT, the employment does NOT have to paid employment. Therefore, a student who is self-employed (including performance majors with regular “gigs”), interning or volunteering in a position directly related to the academic field would be considered “employed” for
the purposes of OPT employment. For the 17-month STEM extension, employment must be traditional paid
employment.

[Fred]

I am employed and company has applied for my H1b visa for FY09, however the company is not registered with e-varify program. I am really focused with my extension now but this equires comapany's e-varification. Is this applicable for the individual seeking the jobs or is this applicable for the olks already have job? This does not make sense for the folks who accepted the job without knowing about e-varification concept before the rule comes up!!!!!! Does any body has clue whats going on???

[Greg Siskind]

I believe there is a new I-765 EAD extension form just released and it now asks for the employer's E-Verify number if a STEM extension is being sought.

[Ram]

Hi Greg,
I am currently working for a company which is not registered for the E-verify program now.
If they get enrolled in the E_verify program at the time of my OPT extension is it fine.
Or else do i need to find another company now who are already enrolled in the E-verify program.

thanks

Ram

[RS]

Does your employer need to be using E-verify for you to be eligeble for the OPT Cap Gap extension provision????

[ISU]

Under new cap gap interim regulation, I am planning to graduatre this spring, May 08 and file for OPT to start in July 08, look for employment. If my employer files for H1B in April 09 and is approved before my OPT expire in July 09 then I can work until Oct 09 when H1B becomes effective. Is my interpretatio right or I am missing something?

[Greg Siskind]

On the issue of unemployment and whether time unemployed before the rule goes in to effect counts, I simply don't know as the rule is unclear. USCIS will have to clarify.

[hello]

Hey Greg:

You answered all the questions except by that of Needhelp, Kubikap, Marble, Gio, Cyan............Is there any chance of getting some advice on that particular issue. Your help will be highly appreciated. (Unemployement?)

[sixthday]

Hi Need help,

This issue has been brought a couple of times but I think no one can really answer it. There maybe some changes going on.

That's why the NEW OPT FAQ from USCIS didnt mention this and why Greg keep avoiding answer this question.

Just dont lose hope untile June 9th.

[RS]

Need help with a quick question.

Does an employer have to be using E-verify even for the opt Cap Gap extension to apply for an employee with a pending H1B petition?

[Greg Siskind]

Thanks Lipna. Those who had my FAQ from last week had the correct information all along. The original USCIS FAQ did not follow the regulation.

[Need help]

Hi Greg,
I graduated with a PhD in Nuclear Engineering in Dec 07 and am currently on OPT (from Jan 2008 to 2009). Due to the citizenship issues, I cannot get a job in private sector companies. I had a couple of interviews with national labs for Post Doc positions but am still waiting to hear from them. I have applied to many faculty positions all of which will only start by Fall 2008. This 90 day rule has put me in a fix. The Universities that I have applied to are still evaluating the application at their own pace without saying yes or no. How can the DHS have control on our fates? They give us a year and if we don't find a job we will obviously go back to our countries. This is not only unnecessary but also very humiliating. If this rule applies to me I will have to leave the country in 5 days (Apr 15th 08 will be the 90th day of my OPT). This rule is ridiculous, humiliating and frustrating. I have no clue what to do.
I wanted to know if this rule will be applied retroactively or only for those who applied for OPT Apr 10 2008 onwards. Any information will be of great help.

[Mike]

M.B.A news:
I have an MBA and noticed that the Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students only with STEM degrees. What about MBAs ????
MBAs we can submit our comments to the Department fo Homeland Security to review this interim rule.

Here is the information:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648046e418

I talked with my international advisor so that he can also submit and help us.

Mike

[kubikap]

I have the same question with Cyan:

When does the 90 days of unemployment begin accruing for current post-completion OPT students? April 8th, 2008? Please don't tell me F-1 OPT students that have been searching for employment the last 3+ months are out of status. :(

[Scott]

Any updates on the cap-gap mess? Can't seem to find any online.

[Lipna]

Just wanted to inform that the USCIS FAQ for OPT Extension is updated. Now we do not need to apply 90 days prior to OPT end date, we can apply anytime before your current OPT expires!

Hope things work out fine !!

[Ram]

Hi
I wanted to know how the OPT extension works if i had a STEM Masters degree and I am currently under STEM PhD degree,But i didn't graduate with my PhD Degree yet. Can i file for extension using my Masters Degree as i didn't get my PhD degree yet.

thanks
Ram

[Mike]

I have an MBA and noticed that the Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students only with STEM degrees.
What about MBAs ????

MBAs we can submit our comments to the Department fo Homeland Security to review this interim rule.

Here is the information:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648046e418

We can talk with our universities or international MBA associations to help us with these comments.
Mike

[Mike]

M.B.A news:

I have an MBA and noticed that the Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students only with STEM degrees. What about MBAs ????
MBAs we can submit our comments to the Department fo Homeland Security to review this interim rule.
Here is the information:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648046e418
I talked with my international advisor so that he can also submit and help us.
Please send this to your international advisors so that they can do something.

Good luck
Mike

[Scott]

Thanks EB3, things are coming down to the wire for me as my opt ends and my grace period starts in a few days. Would this be corrected in a press release by USCIS or would it come from somewhere else.

Thanks.

[Marble]

I agree and I am so stressed out at the moment because I my OPT started Feb 25, its April and I still dont have a job. which means I loose my OPT by next month? This is like Wao.Dont even know what to do.

[EB3]

The whole "change of status" issue is going to be corrected, possibly as soon as 4/9. This was already in the works before AILA got involved.

[Greg Siskind]

See my FAQ on the subject (the version I posted yesterday). AILA is trying to see if USCIS will update their rule to include non-change of status cases (since many people filed that way assuming cap-gap extensions would not be available).

[Scott]

Thanks again for all the prompt responses. Do you have any idea what this refers to (from www.aila.org):

F-1 OPT Interim Final Rule and Gap in the "Cap Gap Bridge"
AILA has received an update from USCIS regarding the interim final regulation revising and extending F-1 Optional Practical Training as it relates to allowing for a "bridge" for F-1 students who are picked in the H-1B lottery and requires the petitioner to have marked the petition "change of status." AILA Doc. No. 08040831.

[Gio]

This new rule is killing me. I am already unemployed for last 3 months. Now am I going to be out of status? Am I going to get any chance to join master degree? Do they gonna start their countdown from april 8th, 2008?

Greg you wrote "correct" to a similar question above..............but I didn't get it correctly. Please give us more information on this issue. There are thousands right now who will benefit from your advice.

[Greg Siskind]

Scott - Correct.

[Cyan]

When does the 90 days of unemployment begin accruing for current post-completion OPT students? April 8th, 2008? Please don't tell me F-1 OPT students that have been searching for employment the last 3+ months are out of status. :(

[Scott]

Thanks again. This is more of a big picture question/comment. If the new cap gap rule only applies to H1B petition filed with a request for adjustment of status, how many students will this really benefit? USCIS says 10,000 but I don't see how. Most of the H1B petitions will have grace periods that expire long before October 1st and I imagine that employers would have had to file for consular processing.

[Scott]

Current OPT Students Already Processed Without E-Verify

The changes appear to only require that the employer be registered with E-Verify; not that the F-1, OPT student be verified via E-Verify.

Is my assumption wrong that currently employed, F-1 OPT students with employers that register with E-Verify are eligible for the STEM OPT extension even if it is impossible for them to go through the E-Verify system?

[Greg Siskind]

On the amendment, the way I see it, the petition is the same one and not a duplicate filing. On the second question, good question and one USCIS will have to address.

[Scott]

Thanks Greg. Reading the details of the rule it seems clear to me that a change of status application has to be pending. Does amending an h1b petition jeopordize the application given the rule about duplicate filings? Also do you think work status can be restored once the petitioner has entered the grace period. It seems to me that the cap gap rule would be rather useless if petiotioner who filed under requesting counselor visas can't benefit from the new rule (under the old rule, a petitioner with an opt with a grace period that doesn't touch Oct 1 would be DOA).

Thanks again for your input.

[Greg Siskind]

Jonathan - I'm really sorry, but I don't provide legal advice in the blog. I can address general subjects of interest on legal topics, but I don't talk about people's specific cases here.

[Greg Siskind]

The lawyer who said there needs to be a change of status is correct. I didn't address that issue in the first version of the FAQ, but updated it earlier today on that issue. We think it may be possible to amend petitions and convert to COS in many cases so ask your lawyer about that.

[Johnathan]

Hi Greg,
I graduated in May 2007 with a MSEE
and my OPT started from June 2007.I am still unemployed but have filed for H1-B thru a consultant.Does the OPT extension apply to me also.As you can see I will be out of status between August and October counting the grace period.Please help.
Is the OPT extension only for people who are currently working on OPT ? Also if I start working before my OPT expires(IT industry) will I too get the extension.

[Scott]

Thanks for the updates. I have been getting conflicting advice on how the cap-gap regulation works. In particular, one immigration lawyer friend firmly believes that in order to benefit from the new cap-gap rule, the petitioner's H-1B application must have been filed with a request for a change of status (rather than asking for applying for a new visa outside the US).

In my case, my employer filed an H-1B petition saying that I would apply for a new visa outside the US. My question is whether there is any way that I can continue to work under my current status (F-1 post completion OPT). My OPT expires on April 10th (this Thursday). In short, does the new rule even apply to me?

Studying the language, I'm not so hopeful. The revision provides in relevant part:

Section 214.2 Special requirements for admission, extension and maintenance of status.
(vi) Extension of duration of status and grant of employment authorization.
(A) The duration of status, and any employment authorization granted under 8 CFR 274a12(c)(3)(i)(B) and (C), of an F-1 student who is the beneficiary of an H-1B petition and
request for change of status shall be automatically extended until October 1 of the fiscal year for
which such H-1B visa is being requested where such petition: . . .

Thanks so much for any help or insight you may have.

[re:]

I didn't see anything that said 'you should be graduating with a STEM degree from SEVIS-certified college', but rather just that 'you should be a STEM degree holder from a SEVIS-certified college'. Just my interpretation, any thoughts?

[re:]

@2degrees- I think you can are eligible to apply. Greg correct me if I am wrong, but don't such students qualify? According to NAFSA -

"Other requirements for 17-month extension. Additional requirements for the 17-month extension include:
1) Student must be currently participating in a 12-month period of OPT, working for a U.S. employer in a job directly related to the student’s major area of study.
******You would on working on your 12 month OPT in your field*******
2) Student must have successfully completed a bachelor's, master's, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university.
******You do already have a Bachelor's degree in STEM field from SEVIS -certified college******
3) Student must have a job offer from an employer registered with the E-Verify employment verification system.
******This is for everyone******
4) The student has not previously received a 17-month OPT extension after earning a STEM degree.
*******Again applies to everyone******
5) The DSO must recommend the 17-month OPT extension in SEVIS, after verifying the student's eligibility, certifying that the student's degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.
*******Your bachelor degree fulfills this need*****

[freuD]

yes i agree with you sixthday , but also a better idea would be to let our problems be known to NAFSA and COMEPETEAMERICA as they are the ones with a voice and a face in this sector

[sixthday]

EB3 and freuD, I think most people are too excited about the extension and ignored the 90-day of unemployment rule. However, we can let all of our friends know about this.

The importance is that there are still 60 days until the rule is final. We can write to DHS to express our concern so that they may change it.

AGENCY: U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration
Services; DHS.
ACTION: Interim final rule with request for comments.

You may submit comments, which must be identified by Department of Homeland Security docket number ICEB-2008-0002, using one of the following methods:

Mail: Office of Policy, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 425 I Street NW, Room 7257, Washington, DC 20536.

Hand Delivery/lCourier: The address for sending comments by hand delivery or courier is the same as that for submitting comments by mail. Contact telephone number is (202) 514-8693.

Facsimile: Comments may be submitted by facsimile at (866) 466-5370.

[Greg Siskind]

Mike K. - I'm not sure, but I think you can argue you are included.

2degrees - Probably the most effective ways to address are to get your employers to complain and also work with an advocacy group like IV to express your issues.

[Mike K]

Hi Greg!

Quick question - if we're studying in a field that's listed in the STEM list but as a cross-listed field (specifically, Cognitive Science which is "Cognitive Science. (Report under 30.2501)", are we eligible for the extension? This might be something worth adding to the FAQ is other people have similar concerns.

Thanks!

[2degrees]

Greg - 20k cap is avaiable to all, not just non-STEM students. It is really unfortunate for F1 students like me who have a bachelors degree in STEM field, but decided to remain in college to pursue a Masters degree in a non-STEM field. It gives such students a unique background vouched by many top notch institutions. I for one, had job offers from deloitte, pwc and e&y. I hope USCIS in good faith allows F1 students with multiple degrees from US universities and require only one of those degrees to be a STEM degree, to make them eligible for this 17-month extension of OPT.

I am sure there are many other students like me. What is the best medium we can voice our opinion to the authorities regarding this? Or who should we contact if infact we can do something about this?

[Greg Siskind]

Keep in mind that American-educated MBAs get the 20,000 bonus cap so the H-1B crisis does not hit them as hard. That may change in years to come, but for right now, the cap gap and the bonus cap should take care of most.

[freuD]

this SUCKS, STEM are not the only highly skilled students here in US, MBA and other masters from top ranked school will have to leave!!

this extension should apply to all MASTERS like the 20k h1b quota

i hope NAFSA, COMPETEAMERICA bring this issue up in the interim period and get them to change for the better!!

also the 90 days rule is pure crap

get rid of it!

lets all write to NAFSA and COMPETEAMERICA and get it fixed

[EB3]

Scott - The cap gap extension is automatic. You don't have to apply for anything.

And with respect to Sixthday's comment - He's right. Everyone is clearly worse off. We should just revoke the extension regulation.

[Scott]

Thanks EB3. In terms of the ability to work during the gap period, is the extension automatic or would I have to apply for it to be effective?

[sixthday]

The new rule is actually a big step back. It in fact limits your rights to find a job or find a good job.

Note that the new rule states that under OPT, one cannot have more than 90 days unemployed. This means one has to land a job within 90 days after OPT starts. How possible is that? Consider the normal interview process from phone to onsite takes 1 to 2 months and background test may take another 1 month.

Even if you have a job, you lose the freedom to wait a better one. You will stack on it.

This little change will have more impact on international students than the extension part.

[EB3]

The rule will likely be published on Monday or Tuesday. It goes into effect upon publication. So the cap gap provision, which covers any F-1 student (not just STEM students), will go into effect at that time. JDs aren't a degree program eligible for a STEM extension.

[Scott]

Greg,

Thanks for the helpful information. I do not have a STEM degree and my OPT expires on April 10th (this Thursday). I have a master's degree (JD) and my law firm applied for an h1b on April 1st. Will I be able to benefit from the new cap gap rule and, if so, will the extension of my OPT period be automatic? Also, do you know how soon the rule is effective and if I will be able to apply for the extension during my grace period.

Thanks,

Scott

[b]

"DOS long ago issued a cable on immigrant intent analysis for students:"

EB3, can you provide the link again? The one you gave is broken.

[Greg Siskind]

If folks are interested, my FAQ is based on the actual reg that I uploaded with this post and not the USCIS FAQ which I found largely unhelpful.

[EB3]

The 90-day parenthetical in the USCIS FAQs is erroneous and will be corrected as soon as possible. (There are other errors too, e.g., failure to list all the STEM fields.) The 90-day requirement applies only to regular 12-month OPT, not the extensions.

[Greg Siskind]

Folks are misreading the rule to mean you need to apply more than 90 days ahead of program completion. It's within 90 days and that I believe is only for the 12 month OPT. For STEM extensions, you just need to apply before the card expires and you're automatically extended. As for the H-1B cap gap, you should be able to apply for both. But you should discuss with your immigration lawyer.

[Lipna]

Hi Greg,
I have the same query as Jay. My OPT expires on June 30th and I also don't have 90 days left. Am I eligible to apply for extension then? (according to http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD we have to apply 90 days prior to end of OPT)
Also, my company applied for my H1 on April 1st so I should automatically be in cap-gap. But as I am not sure whether I will be selected or not should I apply for OPT extension in parallel??
Confused!
Please let me know what you think.

Thanks,
Lipna

[Greg Siskind]

Jay - You're not reading the language correctly. You must apply WITHIN 90 days of your program end date for normal post-completion OPT. And for the STEM extension, you're okay as long as you file before the 12 months OPT expires. You'll get an automatic extension of your OPT until the decision is made on the STEM extension.

Obviously double check with your immigration lawyer as I don't provide legal advice in this forum.

[USC]

Greg:

I know that you are probably busy till April 7 but just wanted to remind you that your "Immigrant of the Day" is one of the more popular features.

[USC]

From the WSJ as to why the visa cap should be scrapped:

http://online.wsj.com/article/SB120735994107991743.html?mod=opinion_main_commentaries

[Greg Siskind]

Hi Dan - Illinois has reached a temporary agreement with DHS not to enforce the law pending the decision by the courts and that companies that sign up now for E-Verify will not be punished for doing so.

[Dan Kowalski, Austin, Texas]

How will this work in Illinois, where E-Verify is prohibited by state law?

[Jay]

Hi Greg

I hope you answer this question.

The uscis website in the press release setion states that

What are the eligibility requirements for the 17-month extension of post-completion OPT?
-The student must have a bachelor’s, master’s or doctorate degree in a STEM field.
-The employer must be enrolled in E-Verify.
-The student must apply on time (at least 90 days before the current post-completion OPT expires).

My question is about the 3rd rule.How strict will they be in implementing it? My OPT expires on 11th May 2008, whih means that I dont have 90 days, so will I be still eligible to apply for OPT?

I hope USCIS allows people like me to apply otherwise we would be the unlucky ones to miss out if we do not get through the H1B lottery.