Student Worker (F1 OPT and CPT) and Reinstatement

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months** of full-time OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Generally speaking, one is required to apply for this authorization after their school’s DSO enters the OPT recommendation into the SEVIS record. Application from the Student to USCIS for OPT or OPT extension can be done no earlier than 90 days before eligibility (this deadline may be subject to change).

if the individual had been studying under another nonimmigrant status during that time while the F-1 change of status was pending. The work has to be part-time (20 hours or less per week) while school is in session. Work can be full time when school is not in session.

Post-completion OPT: This type of OPT occurs after one has completed his/her studies/program. Work must be at least part time (20 hours per week minimum) but can be full time.

Though there can be a lot of reasons, Visa Officers usually deny visitor visas if you cannot show that you have sufficient funds for your trip, or when the officer is not convinced that you will return to your home after you enter the US. Visitors also get denied if the officer thinks there is another visa that will suit you better. This happens mostly if you have close family in the US who can sponsor you. Sometimes you are young and of marriageable age and the officer believes you want to travel to get married and stay in the US. A more serious reason can be that you had a previous visa and over-stayed the visa or had some other legal issues in the US.

Though these are some of the reasons, there are many reasons why an officer can deny a visitor visa. We completely understand how badly a visa denial can seriously hurt your business or family plans.

Issues:

E-Verify Issues for STEM OPT Employers: E-Verify can be a problem for smaller Employers. If your Employer has provided an incorrect E-Verify number or is not properly enrolled, a STEM OPT extension cannot be approved. This can blindside students who assume that their Employer provided the correct number. This is a difficult item for a student to corroborate and he/she should make sure their Employer has this matter squared away first. Applicable regulations are strict on this point. School or Program Transfer: Transferring to a different school or program will terminate any present work authorization. One must be cognizant of the requirement to immediately stop working because working in the United States without proper authorization has serious consequences, including removal from the country, re-entry bars, and complications with future visa applications. On a more positive notes, one is eligible for an additional 12 months of OPT authorization, if they change to a higher educational level. “Cap Gap” Work Authorization When H-1B Cap Petition Pending Work based on new H-1B status acquired via a CAP petition cannot begin any earlier than October 1st. Many F-1 students have a situation where they have a timely filed H-1B petition/change of status request pending. Yet, their F-1 status and employment authorization will expire before the October 1st. These individuals are likely eligible for a “Cap-Gap extension”. An F-1 student who is the beneficiary of a (properly/timely filed) cap-subject H-1B petition requesting a change of status may have their F-1 status and any current employment authorization automatically extended until October 1st. The “Cap-Gap” period starts when an F-1 student’s status and employment authorization expires and ends on Oct. 1. However, if the H-1B petition is denied, the Cap-Gap extension is no longer applicable. STEM OPT Extensions As Back-Up During Pendency of H-1B Cap Petition Individuals who would be eligible to apply for a STEM OPT extension during the above described “cap-gap” period are allowed to do so even if they have a pending H-1B change of status petition. However, students may not apply for a STEM OPT extension once the cap-gap extension period is terminated (if the H-1B petition is rejected, denied, revoked, or withdrawn).

1. F1 Curricular Practical Training
2. Extension of Post Completion Optional Training

Employer Withdraws H-1B Petition Before October 1st If an employer withdraws the H-1B petition before Oct. 1, an F-1 student may continue working past Oct. 1 so long as:

• The student finds employment appropriate to their OPT;
• Student still has OPT authorization time left; and
• The student has otherwise maintained F-1 status

Withdrawal Before Status Changed: If an employer withdraws the H-1B petition before status was changed to H-1B, the student generally remains in F-1 status. The student would then have the standard 60-day grace period to depart the United States. Withdrawal After Status Changed to H-1B: If the employer withdraws the H-1B petition approval after the H-1B status takes effect, the student will have to file a Form I-539 change of status petition to go back to F-1 status.