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

[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?