F-1 Optional Practical Training Required Web Presentation University of Virginia International Studies Office

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F-1 Optional Practical TrainingRequired Web
PresentationUniversity of VirginiaInternational
Studies Office
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Table of Contents
F-1 Optional Practical Training (OPT)
Basics Rules for Employment Pre-Completion
Post-Completion OPT Choosing Employment
Dates Option for Thesis/Dissertation Only
Students The OPT Application Submission to
ISO Advisor Recommendation I-20 Request
Form I-765 I-20 Photo Requirements Submission to
USCIS Mailing Address What Happens After
Submission to USCIS? Waiting for a
Decision EAD Where Can I Work? Social
Security Study and Transfer While on OPT Travel
on OPT OPT Reporting Requirements Cap-Gap
Extension STEM 17 Month Extension Submission to
ISO I-765 Submission to USCIS STEM Reporting
Requirements
You should watch the slide presentation in its
entirety. The Table of Contents is provided for
quick access to each section.
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• F-1 Optional Practical Training (OPT) Basics
• OPT Duration OPT may be granted for an initial
  period of up to 12 months per degree level. This
  presumes no prior OPT granted at the same or at a
  higher level of study. Any OPT granted for prior
  degree work at your current degree level is
  assessed against the maximum 12 months even if
  the OPT was not actually used entirely or in
  part.
• Example Student was awarded 12 months for a
  masters degree in engineering. Student pursues
  second masters, this time the MBA. Although
  unrelated degrees in content, the degree level is
  the same. Therefore no time remains for OPT for
  the MBA.
• Eligibility The applicant must be in status one
  academic year prior to the OPT start date to be
  eligible. If you have changed status to F-1 from
  a qualifying status, the time spent as a full
  time student will contribute to the academic year
  minimum for eligibility.
• Relevance OPT is not bound to a specific
  employer. However, any and all employment must
  be directly related to your major field (-s) of
  study at the time of application. Minor fields
  of study cannot be considered.
• Timing You should begin your application with
  the ISO then mail to USCIS (Immigration) no
  earlier than 90 days prior to your completion of
  studies as noted or will be noted on the I-20,
  nor should your application reach USCIS any later
  than 60 days following the completion of studies.
  Additionally, your OPT application must reach
  USCIS no later than 30 days after ISO issues the
  I-20 for OPT.
• Having a job when applying You do not need a job
  nor should you necessarily wait for a job or job
  offer to apply for OPT as USCIS can take 2-3
  months to adjudicate your application for OPT.
• Advanced graduate students Students who have
  completed coursework and only have a thesis or
  dissertation remaining may be eligible to apply
  for post-completion OPT. See the ISO well in
  advance for more details.
• STEM Extension An extension of OPT is allowed
  for up to 17 months if your OPT is based on a
  degree in an approved Science, Technology,
  Engineering or Mathematics (STEM) field and your
  employer is enrolled in E-Verify.
• Unemployment More than 90 days of unemployment
  during OPT (or 120 days if on STEM extension) is
  a violation of F-1 status. There is no grace
  period.

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• Employment is the Basis of OPT
• The Unemployment Clock Unemployment may accrue
  for no more than 90 days total during the 12
  month period of OPT. If approved for the 17 month
  STEM extension, the unemployment maximum is
  extended to 120 days total for the 29 month
  period. Exceeding the unemployment period is a
  violation, ending your F-1 status and you will
  lose your grace period.
• Unemployment is assessed from the start of
  employment authorization (start date on the EAD),
  not the beginning of your grace period.
• Start and End of Employment The start date of
  OPT cannot exceed 60 days from the expiration
  date of the I-20. You will choose a date between
  the end of the I-20 up to 60 days beyond
  expiration when you file the OPT application with
  ISO and to USCIS. If your program ends prior to
  the end date listed on your I-20, the I-20 will
  be shortened by the ISO. Please be prepared for
  this as on- or off-grounds employment will not be
  possible after the I-20 ends until the authorized
  period of OPT commences.
• Minimum Number of Hours Employment must be 20
  hours per week minimum. Unpaid employment is
  permitted only if legally unpaid.
• http//www.dol.gov/whd/regs/compliance/whdfs71.pdf
  
• Relevance All employment must be directly
  related to the major field of study.

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• Should I Choose OPT?
• Pre-Completion OPT
• Have you considered using Curricular Practical
  Training (CPT) instead? For most students, CPT
  is a better option. It allows you to get work
  experience in your field of study without using
  any of the 12 months of OPT time. See our web
  site for a detailed description of Curricular
  Practical Training,
• Have you been in F-1 status for one academic
  year? At UVa, one academic year means enrollment
  for consecutive fall / spring or spring / fall
  semesters. You can count the time you spent at
  other U.S. schools in degree programs before you
  came to UVa as long as your SEVIS I-20 was
  transferred to us.
• Will your job offer still be valid three months
  from now? Getting the OPT permission can take
  three months. If your employer is not willing to
  wait for you, then its not worth the effort to
  apply for OPT.
• Do you plan on applying for STEM extension or
  H1B cap gap extension? Only post-completion OPT
  students are eligible for these two extensions.
  If you want to apply for either of these
  extensions, you must submit a second application
  for post-completion OPT.Are you willing to use
  some of the 12 months you are allowed for OPT?
  You will not have a full year of OPT after you
  graduate if you choose to use some of it for
  pre-completion employment.

Post-Completion OPT Have you been in F-1
status for one academic year? You can count the
time you spent at other U.S. schools in degree
programs before you came to UVa as long as your
SEVIS I-20 was transferred to us. At UVa, one
academic year means enrollment for consecutive
fall / spring or spring / fall semesters. Will
you be completing your program of study at UVa
within the next three months, or do you only have
your dissertation remaining? The application for
OPT cannot be submitted earlier than 90 days
before your completion date. Are you enrolled
full-time this semester or authorized by the ISO
to have a reduced course load? Do you hope to
work in the U.S. after you finish your studies?
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• Choosing Your Employment Dates
• On the I-20 Request Form, which is part of the
  application package submitted to the ISO, you
  must indicate which dates you would like your
  work authorization to begin and end.
• The authorization dates you choose will be noted
  on your new OPT I-20 and cannot be changed once
  you have submitted your application to USCIS.
  The dates will also be noted on your EAD in most
  cases.
• The start date is the day on which the EAD
  becomes valid and you can begin working. The
  unemployment clock starts ticking on the start
  date if you do not have a job.
• The end date is usually 12 months later, unless
  you request a shorter period of time, you are not
  eligible for a full 12 months due to prior OPT at
  the same degree level, or your application is
  approved 61 days or more after your program
  completion date.
• If you change your mind about your authorization
  dates..
• You will NOT be able to adjust your OPT
  authorization dates once you have mailed your
  application to USCIS. Consider the authorization
  dates carefully before submitting your Request
  Form to the ISO.
• As of the start date on the EAD card, any period
  of unemployment will be assessed against the 90
  day maximum for the 12 months of OPT.
• You may only work between the start and end dates
  on the EAD, and the EAD must be in hand. You
  cannot work at UVa or anywhere else after your
  I-20 ends until you are in your authorized period
  of OPT.

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OPT Application Period (Example) 90 days prior
to completion or 60 days after completion of I-20.
Program completion date (example)
60-day grace period ends
OPT start date must occur within the 60-day grace
period

• Submission Date You can submit your application
  to USCIS no earlier than 90 days prior to the
  completion date of your program and no later than
  the 60-day grace period following completion.
• OPT I-20 Validity USCIS must receive your
  application no later than 30 days after your OPT
  I-20 has been issued by ISO or your application
  will be denied.
• Processing Time It can take 3 months or more to
  receive the EAD from the USCIS.
• OPT Start Date Your OPT start date can be no
  later than 60 days beyond your degree completion
  date. You cannot change your start and end dates
  once the OPT I-20 has been mailed to the USCIS.
• Employment You cannot start working until you
  have received the EAD and your start date is
  reached, no matter when the EAD is actually
  received.
• Status While Application Pending As long as you
  have timely filed for OPT, your F-1 status
  remains valid while you are waiting for the EAD
  even if there is a gap between your completion
  date and the start date of OPT.
• Travel in Grace Period If you leave the US
  during your 60-day grace period and you havent
  applied for OPT, you lose your opportunity to
  apply for OPT.

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• Post Completion OPT for Thesis or Dissertation
  Only Students
• Graduate students who have completed all course
  work and have only dissertation or thesis
  remaining are eligible for post-completion OPT
• Your I-20 will be shortened to end prior to the
  OPT requested start date.
• You cannot engage in any on grounds employment
  after the end date of the new I-20.
• Your I-20 will end before the next semester of
  enrollment, or you will have to pay full tuition
  and fees to UVa.
• You may apply up to 90 days prior to the revised
  I-20 end date.
• You may choose an OPT start date not to exceed 60
  days from the end of the revised I-20.
• You may finish your degree while you are on OPT.
  However, if you do not complete studies, no
  extension of your I-20 is possible.
• Even though not formally graduated by the end
  date, the rules for post completion travel apply
  to you.

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• Preparing and Mailing the Application

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• Applying for OPT Your Submission to the ISO
  (Your First Step)
• Reminders
• The application for post-completion OPT must be
  received by the USCIS no earlier than 90 days
  before program completion and no later than 60
  days after your date of completion.
• The average USCIS processing time to issue the
  Employment Authorization Document (EAD) is 60-90
  days. Please visit the USCIS Processing Times
  website for the most up to date processing times.
• Once your I-20 has expired, you must have a valid
  EAD to begin working on or off grounds.
• Once the OPT application is submitted to the
  USCIS, it is impossible to change your selected
  authorization dates.
• Canceling the OPT application is very difficult
  and must be discussed with an advisor at the ISO
  during advising hours.
• The process begins with your submission of these
  documents to the ISO during advising hours
• I-20 Request Form from ISO F-1 OPT website
• F-1 OPT Advisor Recommendation from ISO F-1 OPT
  website
• I-765 from ISO F-1 OPT website. Please type the
  I-765 and sign. Do not handwrite the form.
• The USCIS will mail your card to the address
  shown on Form I-765. The U.S. Postal Service will
  not forward mail from USCIS, therefore the
  address you choose should not change for the next
  several months.
• ISO Advising Hours
• 9-12 and 1-4 Monday - Thursday

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• F-1 OPT Advisor Recommendation
• The advisor recommendation can be filled out and
  signed by any teaching faculty member of your
  major department.
• The month and day should correspond to when all
  degree requirements will be fulfilled. If that
  is not possible, then the projected date of
  defense (grad students).
• If you are an advanced degree student who has
  completed required coursework, has only
  dissertation remaining, and wishes to apply for
  post-completion OPT prior to the actual conferral
  of the degree, this box should be checked.
• All employment under F-1 OPT must be directly
  related to your major field of study. Even if
  you do not have employment at the time of
  application, a description of the type of
  employment sought must be included.

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• I-20 Request Form
• The box for Optional Practical Training should be
  checked.
• Fill in the information here including expected
  degree level. If this is different than the
  level listed on the I-20, let the ISO know this.
• Any prior CPT or OPT at the current degree level
  should be noted here.
• Here is where you will ask for the start and
  dates of OPT. Remember that the start date
  cannot exceed the 60th day after the end date of
  your I-20. The last date of OPT will be no
  greater than 12 months for an initial period of
  OPT. Example start date July 15, 2013 end
  date July 14, 2014.

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• I-765
• The I-765 should be typed online and then printed
  out for signature.
• Permission to Accept Employment for new OPT
  applications.
• Last Name First in CAPS, First Name (and Middle
  if applicable) with first letter only in CAPS.
  Name should be as it appears on passport.
• Use mailing address that will be valid throughout
  the OPT process, which can be 2-3 months or more.
  The address does not have to be the same as
  appears as your legal address in SEVIS.
• The 11 digit number on the I-94 or I-94 Number
  Copy (www.cbp.gov/I94)
• Check Yes only if you have had prior F-1 OPT (not
  CPT).
• Sign in blue ink within the box. Type phone
  number and date.

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• I-765 continued
• The USCIS Service Center where prior OPT
  applications (-s) were filed. The dates may be
  either the date of approval or the dates of the
  OPT. Answer only if Question 11 is Yes.
• Results of any prior OPT applications
• Corresponds to the information from your I-94 or
  Passport stamp from US immigration upon your most
  recent entry.
• Enter Student.
• Most students will apply for post-completion OPT,
  that is, to follow completion of studies. Enter
• (c)(3)(B) Post Completion OPT
• (c)(3)(A) Pre Completion OPT
• (c)(3)(C) - STEM OPT extension
• For STEM OPT applications only enter degree
  abbreviation and major employers name and
  E-Verify number. The E-Verify number should be
  obtained from your employer.
• .

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• Your I-20 for OPT
• A new I-20 is issued as a result of the ISO
  recommending your OPT application to USCIS
  through the SEVIS system.
• The end date of your I-20 may have been changed
  if you have finished your studies early, or wish
  to commence early employment within an authorized
  post-completion period.
• Important Automatic eligibility for on grounds
  employment ends when your I-20 expires. You
  cannot work anywhere on grounds, or anywhere else
  for that matter, until the OPT is approved, the
  EAD card is in hand and the start date on the EAD
  has been reached
• The ISO will sign your I-20 here.
• Sign in blue ink within the box. Print name and
  date.
• Do not forget to sign or your OPT application
  will not be accepted.
• .

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• I-20 continued
• The dates recommended by the ISO will be placed
  here. If you have indicated pending employment,
  that information will also be placed here.
• Even though the expiration date of the I-20 may
  remain the same or may even be shortened, the
  approval of the OPT will extend the life of the
  I-20 through the OPT period, as indicated on the
  EAD. This presumes all conditions of OPT
  maintenance are met, especially no unemployment
  in excess of 90 days aggregate.
• The I-20 for OPT will be signed here as well.
  Remember that you will still need travel
  endorsements from the ISO while on OPT.

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Photo Specifications

• 7 Steps to Successful Photos
• 1. Your photo should show your full face, front
  view, eyes open.
• Make sure the photo shows your full head from
  top of hair to bottom of chin height of head
  should measure 1 inch to 1-3/8 inches (25 mm to
  35 mm).
• Your head should be centered within the frame
• 4. Make sure eye height is between 1-1/8 inches
  to 1-3/8 inches (28 mm and 35 mm) from bottom of
  photo
• 5. The background should be plain white or
  off-white.
• 6. There should be no distracting shadows on the
  face or in the background
• 7. Make sure you have a natural expression

The photos you are required to use for the OPT
application must meet the specifications of
U.S.style passport photos. To see a full
description of these specifications, go to the
U.S. Department of State web site. Most places
that take passport photos are already familiar
with the specifications. However, you may want
to print this page, or the pages from the web
site above to take with you when you get your
photo taken. Frequently Asked
Questions What type of paper are the
photographs to be printed on?The photos should
be printed on thin photo-quality paper. Do the
photos have to be in color?Yes, the photos must
be in color. How big must the photos be?The
photos must measure exactly 2 inches by 2
inches. Can hats or religious headgear be worn
for the photo?Unless worn daily for religious
reasons, all hats or headgear should be removed
for the photo. In all cases, no item or attire
should cover or otherwise obscure any part of the
face. Can eyeglasses be worn for the
photo?Eyeglasses worn on a daily basis can be
worn for the photo. However, there should be no
reflections from the eyeglasses that obscures the
eyes. Dark glasses or nonprescription glasses
with tinted lenses are not acceptable unless you
need them for medical reasons.
Write your name and I-94 number lightly on the
back of each photo in case they get separated
from your application.
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• Applying for OPT
• Your Submission to USCIS (Your Second Step)
• The following documents should be included in
  your submission to USCIS for F-1 OPT. Do not
  E-File your application please.
• I-765 as returned to you by ISO, sent as original
  document.
• One new I-20 issued for OPT sent as original
  document. (Do not forget to sign and date the
  I-20s in blue ink.)
• You must submit application to reach USCIS with
  30 days of I-20 issuance. The OPT I-20 is
  invalid 30 days after issuance by the ISO.
• Copies of all current and past I-20s.
• Proof of other status if you have changed status
  to F-1 from another qualifying status.
• Copy of passport ID page and any extensions.
• Visa page and stamp showing current F-1 status
  (unless you have changed status to F-1 within the
  U.S. and have not departed).
• Copy of Admission (I-94) number page
  (www.cbp.gov/I94)
• If you have changed status and not left the U.S.,
  copy of the approval notice for the change of
  status (I-797).
• Copy of previous EADs, if applicable
• 2 passport photos following exact USCIS
  specifications
• Check for 380
• Materials should be sent by secure courier
  through FedEx or similar service, not regular
  mail.

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 Where to Mail the OPT Application  Where to Mail the OPT Application      
If the address on the I-765 is in Mail your application to      
If the address on the I-765 is in Mail your application to
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands. USCIS Phoenix Lockbox For U.S. Postal Service (USPS) deliveries USCISPO Box 21281Phoenix, AZ 85036 For Express mail and courier deliveries USCISAttn  AOS1820 E. Skyharbor Circle S Suite 100Phoenix, AZ 85034      
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia USCIS Dallas Lockbox For U.S. Postal Service (USPS) Deliveries USCISPO Box 660867Dallas, TX 75266 For Express mail and courier deliveries USCISAttn AOS2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067
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• Ive Submitted my Application to USCIS. Now
  What?

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• What Happens Next?
• Most applicants receive a Receipt Notice (I-797)
  from USCIS. You can follow the status of your
  OPT application using your receipt number at My
  Case Status.
• USCIS averages 45-90 days to determine the
  outcome of your OPT application. It is extremely
  rare that USCIS will grant a request to expedite
  your application, so please plan your OPT
  strategy accordingly.
• If you have timely filed your OPT application,
  you are legally in the U.S. during the period of
  adjudication, even if you exceed your 60 days
  grace period, but you cannot work during this
  period.
• USCIS sometimes issues a Request for Additional
  Evidence (RFE) prior to adjudicating your
  application. This will invariably delay your
  application. Consult with the ISO immediately if
  you receive a RFE.
• If you leave the U.S. after your I-20 has expired
  and you have not applied for OPT, your F-1 status
  ends and you lose eligibility for OPT at the
  current degree level.

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• The Employment Authorization Document (EAD)
• If your application is approved by USCIS you will
  receive the Employment Authorization Document
  (EAD). This card is manufactured separately so
  that you may receive an approval notice prior to
  receipt of the EAD.
• The dates on your EAD usually coincide with the
  dates requested and approved by ISO.
• Important Do not work until EAD is in hand and
  the start date is reached. You are only
  authorized to work between the start and end
  dates authorized on the EAD, regardless of the
  what the I-20 states. No employment related
  activity is permitted outside of these approved
  dates.
• If the EAD is lost, stolen, or does not reach you
  by mail, contact the ISO immediately. Do not
  work without talking to us first.

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Where Can I Work?

• From SEVPs OPT Policy Guidance
• Any and all employment must be directly related
  to your major field of study.
• Regular paid employment in a position directly
  related to the student's program of study.
• For post-completion OPT, the work must be for at
  least 20 hours per week
• Students may work for multiple employers, as long
  as it is directly related to the student's
  program of study.
• Payment by multiple short-term multiple
  employers. "Students, such as musicians and other
  performing artists, may work for multiple short
  term employers (gigs). The student should
  maintain a list of all gigs, the dates and
  duration. The student should maintain a list of
  all gigs, the dates and duration."
• Work for hire. "This is also commonly referred to
  as 1099 employment where an individual performs a
  service based on a contractual relationship
  rather than an employment relationship. If
  requested by DHS, students should be prepared to
  provide evidence showing the duration of the
  contract periods and the name and address of the
  contracting company."
• Self-employed business owner. "Students on OPT
  may start a business and be self-employed. The
  student should be able to prove that he or she
  has the proper business licenses and is actively
  engaged in a business related to his or her
  degree program."
• Employment through an agency. "Students on
  post-completion OPT must be able to provide
  evidence showing they worked an average of at
  least 20 hours per week while employed by the
  agency."
• Volunteers or unpaid interns "Students may work
  as volunteers or unpaid interns, where this
  practice does not violate any labor laws. The
  work should be at least 20 hours per week for
  students on post-completion OPT. A student should
  be able to provide evidence, acquired from the
  student's employer, to verify that he or she
  worked at least 20 hours per week during the
  period of employment.
• Please read the Fact Sheet on Unpaid Internships

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• Social Security Number (SSN)
• The social security number is required for all
  employment in the U.S. It is also used for the
  purposes of federal and state taxation.
• The SSN is a lifetime number. If you have
  received a SSN based on past employment, you do
  not need to reapply.
• You can apply for a new SSN based on OPT no
  earlier than the start date of the EAD .
• You should apply no later than your 3rd day of
  actual employment.
• Most major cities have an office of the Social
  Security Administration (SSA).
• To apply, bring passport, OPT I-20, I-94 or
  Admission number receipt and EAD to the SSA.
• You may work for pay by presenting the receipt of
  your SSN application to your employer.
• The card with number usually arrives by mail in
  2-3 weeks.
• Keep the card and number safe and well-protected.
  The SSN is a major source of identity theft.

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Can I Study While on OPT?

• Only part time study is permitted while on post
  completion OPT. If you will be entering a full
  time degree program, you would need to transfer
  your F-1 status to the next institution of study.
• Transferring your status should be done prior to
  the end of your 60 day grace period following the
  end date on the EAD.
• Transfer of your F-1 status, or moving to a
  higher degree level at UVa, terminates your OPT
  on the date of transfer. Choose your release
  date accordingly.
• Requesting a transfer to a new school requires
  submission of the SEVIS Transfer Release Form.
  You may request a transfer of your status up to 6
  months prior to your desired release date.
• Your new school cannot issue the I-20 until the
  release date is reached.
• You must attend the new school in the next
  regular semester of enrollment as long as that
  date is no greater than 5 months beyond the end
  of your OPT.
• If you are an advanced graduate student approved
  for post completion OPT, you cannot remain
  enrolled as a full time student after the I-20
  end date, nor can you be paid as a student.
• If you are an undergraduate and you have not
  completed your degree on time, see the ISO as
  soon as possible.

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Traveling Abroad on OPT Since you will remain in
F-1 status during your 12-month OPT authorization
period, traveling abroad and re-entering the U.S.
as an F-1 may be permitted. In fact, if you
re-enter in a status other than F-1, you will
lose your OPT eligibility. However, be aware
that any time you leave the U.S. , there is no
guarantee that you will be allowed to re-enter.
Being denied entry varies in probability
depending on a variety of issues. Be well
prepared and discuss travel with the ISO before
making unchangeable plans.
Documents Required For Re-entry to the U.S.

• Before Completing Your Program
• and
• Before Getting Your EAD
• A valid passport
• A valid F-1 visa stamp
• Your OPT I-20 with a valid travel endorsement
  signed on page 3 by an advisor at the ISO.
• Evidence of continued enrollment (e.g. transcript
  from the University Registrar)
• Evidence of financial support

• After Completing Your Program
• and
• After Getting Your EAD
• A valid passport
• A valid F-1 visa stamp
• Your OPT I-20 with a valid travel endorsement
  signed on page 3 by an advisor at the ISO. The
  travel endorsement is valid for 6 months while on
  OPT
• The EAD (Employment Authorization Document)
• Evidence of financial support for the OPT period
  is strongly recommended (such as a bank statement
  or letter from sponsor or employer)
• A job offer letter is required.

• After Completing Your Program
• and
• Before Getting Your EAD
• A valid passport
• A valid F-1 visa stamp
• Your OPT I-20 with a valid travel endorsement
  signed on page 3 by an advisor at the ISO. The
  travel endorsement is valid for 6 months while on
  OPT
• The OPT receipt- Notice of Action
• Evidence of financial support for the OPT period
  is strongly recommended (such as a bank statement
  or letter from sponsor or employer)
• If you have employment, a job offer letter from
  the employer is strongly recommended.

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OPT Reporting Requirements

• The following information must be reported to UVa
  International Studies at issp_at_virginia.edu during
  the OPT period of authorization. Your legal
  status depends upon your compliance. Changes
  must be reported within 10 days of occurrence.
• Your Name
• Your Residential address
• Your Phone and email address
• Employer name
• Employer address
• Start Date of Employment
• Dates of unemployment
• Date of exiting the U.S (You need to provide date
  of exit if you decide to exit the U.S and
  complete your OPT status prior to the end date of
  your OPT)

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• H1-B Cap-Gap Extension

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• H1-B Cap-Gap Extension
• What is cap-gap?
• The cap-gap occurs when a students OPT and/or
  F-1 status will end prior to the effective date
  of a new cap-dependent H-1B petition. New
  cap-dependent H1-Bs may commence no earlier than
  Oct 1 of each year. The earliest a petition can
  be filed on your behalf for H1-B by your employer
  is 6 months prior, that is, April 1. There is a
  numerical limit or cap on the number of petitions
  accepted each year for new H1-Bs with the
  exception of those employers exempt from this
  quota, most notably universities and colleges.
• Historically, students had to end employment when
  the EAD expired prior to the start of the H1-B.
  If the grace period would also end prior to Oct.
  1, they would have to leave the U.S. until the
  H1-B became effective.
• What is the remedy?
• If your employer timely files a H1-B petition on
  your behalf, and
• The petition is for a new cap-dependent H1-B.
• The petition carries an Oct 1 start date.
• The petition includes the provision to change
  status from F-1 to H1-B in the U.S.
• The petition is accepted for processing by USCIS.
• You have not violated the 90/120 days rules of
  unemployment.
• Then you automatically qualify for the cap-gap
  extension.
• What does this mean for you?

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• STEM 17 Month Extension of OPT

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Eligibility for the 17-Month STEM
Extension Eligible Degree Programs The student
must be a recipient of U.S. Bachelors, Masters,
or Doctoral degree in specific majors in science,
technology, engineering, and mathematics (STEM).
Designated STEM fields must match the CIP code
as found on page 3 of your I-20. A degree minor
in a STEM field does not qualify for the
extension. Degree of Study The extension must
be based on the same degree as the
post-completion OPT, not on a previous degree.
OPT Must Be Current The student must be
authorized for OPT at the time of the extension
application and have a job or job offer related
to his or her field of study. E-Verify At the
time of application for the OPT extension, the
students intended employer must be registered
with and participating in the USCIS E-Verify
employment verification program. Impact of
Unemployment The student must not have exceeded
90 days of unemployment in the initial 12-month
period of OPT. When to File Complete STEM OPT
applications must be received by USCIS on or
before the end date of the EAD card. The STEM
extension application can be filed no earlier
than 120 days prior to the EAD end date. Only
one 17-month STEM extension is granted per
lifetime so plan strategically.
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• I-765 for STEM OPT application
• The I-765 should be typed online and then printed
  out for signature.
• Renewal of My Permission to Accept Employment for
  new OPT applications.
• Last Name First in CAPS, First Name and Middle if
  applicable with first letter only in CAPS. Name
  should be as it appears on passport.
• Use mailing address that will be valid throughout
  the OPT process, which can be 2-3 months or more.
  The address does not have to be the same as
  appears as your legal address in SEVIS.
• The 11 digit number on the I-94 or I-94 Number
  Copy (www.cbp.gov/I94)
• Check Yes .
• Sign in blue ink within the box. Type phone
  number and date.

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• I-765 for STEM OPT
• The USCIS Service Center where prior OPT
  applications (-s) were filed. The dates may be
  either the date of approval or the dates of the
  OPT. Answer Yes in Question 11.
• Write Granted and include copy of current EAD.
• Corresponds to the information from your I-94 or
  Passport stamp from US immigration upon your most
  recent entry.
• Enter Student.
• (c)(3)(C) - STEM OPT extension
• For STEM OPT applications enter degree
  abbreviation and major employers name and
  E-Verify number. The E-Verify number should be
  obtained from your employer.
• .

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• The following documents should be included in
  your submission to USCIS for F-1 OPT STEM
  Extension. Do not E-File your application
  please.
• I-765 as returned to you by ISO, sent as original
  document.
• One new I-20 issued for STEM extension OPT sent
  as original document. (Do not forget to sign and
  date the I-20s in blue ink.)
• You must submit application to reach USCIS with
  30 days of I-20 issuance. The OPT I-20 is
  invalid 30 days after issuance by the ISO.
• Copies of all current and past I-20s.
• Copy of Current EAD, front and back
• Copy of passport ID page and any extensions.
• Visa page and stamp showing current F-1 status
  (unless you have changed status to F-1 within the
  U.S. and have not departed).
• Copy of Admission (I-94) number page
  (www.cbp.gov/I94) or I-94 both sides
• Copy of your diploma or official transcript
  showing STEM degree
• 2 passport photos following exact USCIS
  specifications
• Check for 380
• Materials should be sent by secure courier
  through FedEx or similar service.
• Once your application is received by USCIS, you
  may continue working up to 180 days after the
  expiration of the current EAD while the STEM
  application is pending with USCIS. You cannot
  however travel outside the U.S. until the new
  (STEM) EAD is received.

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• STEM Extension Reporting Requirements
• There are additional requirements while on STEM
  extension.
• You must continue to update the ISO of any change
  in employment or residence within 10 days of
  occurrence.
• You must verify current employment every six
  months of the STEM extension with the ISO.
• You must continue to report loss of employment to
  ISO.
• Additionally, your employer is obligated to
  report voluntary or involuntary loss of
  employment to the ISO. You should inform your
  employer of this legal obligation.

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• ISO Advisors and Walk-in Hours
• Adrienne Kim Bird 243-1433
• akb3x_at_virginia.edu 9-11 12-2 Monday
  Thursday
• Richard Tanson 982-3017
• tanson_at_virginia.edu 10-12 2-4 Monday
  Thursday
• Linda Callihan 982-3015
• lhc4x_at_virginia.edu 10-12 2-4 Monday Thursday
• www.virginia.edu/iso/issp
• A generous thank you to University of California,
  Berkeley for content used in this presentation.

Minor Hall Home of the ISO