OPT: While Pending with USCIS, During OPT, & Beyond

I-797 Receipt Notice

• USCIS generates an I-797 receipt notice (containing the receipt number) to confirm that USCIS has received and accepted an OPT application for processing. 
• Types of Receipts:
  • Digital receipt notice
    • Immediately generated 
    • Accessible in the student's myUSCIS account for applications submitted online.
  • Hardcopy of the I-797 Receipt Notice 
    • Mailed to the mailing address provided on I-765 OPT application.
    • Typically arrives within 3–4 weeks of submitting the application
    • Students who do not receive their receipt notice within a month of submitting their application should contact their ISSS advisor.
• Students who used the ISSS office as their mailing address on their I-765 will be emailed once ISSS has received their receipt notice.
• Students who mailed a paper I-765 to USCIS and who have a receipt number beginning with "IOE", can create a myUSCIS account and connect the account to their I-765 OPT application by entering the receipt number. 

Review the Receipt for Typos/Errors

• If the name or biographical information is incorrect on the receipt, the student should immediately notify their ISSS advisor so that a correction can be requested from USCIS.
• Follow the instructions on the receipt notice for contacting the USCIS Contact Center, or send a secure message to USCIS through your myUSCIS account. 

Tracking the Status of a Pending I-765 Application 

• Students can use the receipt number from their receipt notice to track the status of their application on the USCIS website, Case Status Online.
• Students who filed the online I-765 application, can also track the status of their application in their myUSCIS account.

Receiving the EAD By Mail

• It may take a few weeks or so after their application is approved for students to receive the EAD card. 
• After USCIS approves an application, the EAD card is produced and then mailed via USPS to the mailing address provided on your I-765 OPT application.
• For students who listed the Emory ISSS office as their mailing address on their I-765 OPT application:
  • The EAD card will first be delivered to Emory's central mail receiving site. 
  • From there, it will be sorted and delivered to the ISSS office. 
  • It may take a few days from the date USPS delivers the EAD to Emory and when the EAD is delivered to the ISSS office. 
  • ISSS notifies students as soon as their EAD card is delivered to the ISSS office.

Note: Emory ISSS is not responsible for documents lost in the mail.

Upon Receiving the EAD

Students should login to ISSS Link-Limited Services and update their address and employer information. Even if they have not begun working, they should report their information. Review the "OPT Reporting Requirements" section below for more details.

Change of Address

Students who move while their I-765 OPT application is pending should report their new US address within 10 calendar days of the move by submitting the "OPT Employer Information" e-form in ISSS Link-Limited Services.

If the mailing address will be different from the one provided in the I-765 OPT application, students should contact their ISSS advisor to discuss updating the mailing address with USCIS through their myUSCIS account or by calling the USCIS Contact Center.

Application Withdrawals

Students who change their minds and want to withdraw their pending I-765 OPT application should contact their ISSS advisor. Withdrawals are not always possible and USCIS does not refund the I-765 application fee if the application is withdrawn.

Working Unpaid/Volunteering Not Permitted

Students cannot begin employment or any employment-related activities including working unpaid as a “volunteer” while they wait for their EAD and/or wait for their OPT start date. They must have the EAD in hand before beginning any work, paid or unpaid. Students can begin working on or after the OPT start date printed on the EAD.  Remember, F-1 students are only permitted to seek employment that is directly related to their field of study.

Most students' driver's licenses issued by the state of Georgia expire on the end date listed on their I-20s. 

Students who have the Employment Authorization Document (EAD) before their current Georgia driver’s license expires are able to request a renewal using the EAD. 

Students whose OPT is pending at the time that their Georgia license expires may be eligible for a 120-day extension of their Georgia driver's license. To be eligible, the student must have the I-797 receipt notice and apply within 30 days of the license expiration date. 

Visit the Georgia Department of Driver Services' Information for Non-US Citizens page for more information (scroll to bottom of page).

Hours Per Week

During post-completion OPT, students must work at least 20 hours per week to be considered maintaining their F-1 status.

Unemployment

While in a period of post-completion OPT, students are allowed no more than an aggregate of 90 days of unemployment. Students who accrue more than 90 days of unemployment are not considered to be maintaining their F-1 status. 

To stop the unemployment days from accruing, students need to report their employment information. See "Reporting Requirements" below for instructions in how to report employment information using the SEVP Portal or via ISSS Link-Limited Services.

Students nearing the 90-day limit may want to consider requesting a transfer of their SEVIS record to another academic program or applying for a change of status. Students who are not interested or not able to change status or start another academic program should consider departing the US. Students who choose to depart the US should notify their ISSS advisor of their plans to depart. ISSS will then complete their SEVIS record, preventing further accrual of unemployment. 

During the 12 months of post-completion OPT, students may work unpaid or as a volunteer to prevent the accrual of unemployment days. However, the training experience(s) need to total at least 20 hours per week and be directly related to the student’s major field of study.

Types of Employment

For post-completion OPT, a student can work for multiple employers/organizations, as long as each position is directly related to their major field of study and cumulatively add up to at least 20 hours per week. The following activities constitute employment:

• Regular paid employment.
• Payment by short-term multiple employers.
  • Students such as musicians and performing artists may work for multiple short-term employers (gigs).
• Work for hire.
  • Commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship.
• Self-employed business owner
  • Students may start a business and be self-employed, but they should be able to prove that they have the proper business license(s).
• Employment through an agency.
• Volunteers or unpaid interns.
  • Students may work as a volunteer or unpaid intern so long as it does not violate any labor laws. 
  • The US Department of Labor’s Wage & Hour Division determines labor laws.

While on Pre-Completion OPT:

Students are not required to report employer information to ISSS and/or SEVP during a period of pre-completion OPT. However, students must continue to maintain their F-1 status by keeping their contact information up-to-date and following all other F-1 regulations.

While on Post-Completion OPT:

What/When to Report

During post-completion OPT, students must report the following information within 10 days of a change:

• Change to their legal name or non-immigrant status (i.e. change from F-1 to H-1B or permanent resident).
• Departure from the US without the intention of returning to continue OPT.
• Change of student's address, email or phone number.
• Change of employment including:
  • Starting/ending employment
  • Periods of unemployment
  • Changes to a current employer's name, address or other information

Employer Information

When adding an employer or making an update to an existing employer, students should have the following information available (* indicates required field):

• Employer Name* 
• Employer's Employer Identification Number (EIN) (optional but highly recommended)
• Job Title
• Employment Start Date*
• Employment End Date (if applicable) 
• Full Time/Part Time (hours per week)*
  • Full time is defined as more than 20 hours per week and part time is 20 or less hours per week.
• Employer Address*
• Supervisor Information (First Name, Last Name, Telephone Number, Email Address)
• Explanation of how the employment is related to the student's course of study (see below for more information)*

When submitting their post-completion OPT employment information, students are responsible for providing a description of how their job relates to their major area of study. The written explanation is recorded in SEVIS and should include the nexus between the duties and the degree. SEVP Policy Guidance provides sample explanations of a direct relationship which may provide students with ideas on how to explain the relationship between their position and degree.  

Examples are included below:

• Bachelor's degree in Electrical Engineering:
  • "I work full time as an Electrical Engineer at ABC Corp., a government contractor. In my job, I analyze client requirements for electrical systems and provide them with cost estimates of such systems. My work requires understanding of electrical circuit theory, which I studied in-depth at the University of ABC."
     
• Bachelor's degree in Business:
  • "I work full time as a Loan Officer at a mortgage company, Happy Homes, where I meet with clients and evaluate, authorize and recommend approval of loan applications. On a daily basis, I use the knowledge I gained in my credit analysis, sales and marketing classes that I took as part of my major program of study."
     
• Master's degree in Music:
  • "I am working at a hospital playing the harp in patient rooms. I also conduct hands-on harp beginner workshops for long-term patients. On average, I work at the hospital 35 hours a week. My duties directly utilize the skills and knowledge I acquired from my coursework and degree in music therapy."
     
• PhD in Computer Science:
  • "I am employed as a Computer and Information Research Scientist at ABC Research Institute. I work as part of a team of scientists and engineers that designs experiments to test the operation of various software systems. My work builds on research in complex algorithms and machine learning, which I studied as part of my dissertation."
     
• Master's degree in Kinesiology:
  • "I am working 25 hours a week in a health food store as a consultant for Self-Made Inc., designing and teaching exercise classes that are incorporated into a customer's overall nutrition and exercise plan. My designs and customer instruction draw upon my studies and classwork in exercise therapy and physical reconditioning."

How to Report

• Report a change in non-immigrant status or legal name by emailing isss@emory.edu. 
   
• Notify ISSS of a permanent departure from the US by emailing isss@emory.edu. 
   
• Report employer information or changes in contact information (student's address, telephone number, and email) by logging into:
  • The SEVP Portal and submitting the information directly to SEVP (see below for more information); or
  • Logging into ISSS Link-Limited Services and submitting one of the "OPT Employer Information" e-forms.

SEVP Portal

The SEVP Portal is the US government's online portal for students on post-completion and STEM OPT. This tool allows F-1 students to meet their legal reporting requirements by submitting updates directly to the US government.

• Gaining Access: Once USCIS approves a student's OPT application, the student will receive an email from the portal with instructions on setting up a portal account. 
• Learn More and Get Help: Visit the Study in the States SEVP Portal website.
• Students may choose to use the portal to report their employment information, but ISSS still encourages students to also submit employment, address, and contact information updates using the "OPT Employer Information" e-forms (described below).

ISSS Link

Students without a valid Emory NetID and password can access ISSS Link to meet their reporting requirements using Limited Services. Refer to ISSS' Limited Services Access instructions.

• "OPT Employer Information" e-forms
  • Use the “Add or Change OPT Employer” e-form to:
    • report new employment; or
    • add a second employer (working for two employers at the same time).
  • Use the “Update Current OPT Employer or US Residential Address” e-form to:
    • update information about a previously reported employer;
    • report that they are no longer working for a previously reported employer; and/or
    • update their US residential address or contact information.
       
• Students who choose to report their information through ISSS Link can find these e-forms by logging into ISSS Link-Limited Services, navigating the to "F-1 Practical Training" tab, clicking on the "OPT Employer Information" link and then selecting the appropriate e-form. 
   
• ISSS will review the information submitted in ISSS Link and update the SEVIS record accordingly.
   

Keeping Personal Records

In addition to reporting their information to SEVIS (either via the SEVP Portal or ISSS Link), students should keep documentation that proves they have maintained status during their post-completion OPT period. Types of documents students can keep in their personal records include, but not limited to:

• Copies of job offer letters and agreements/contracts with all OPT employers including start and end dates, if applicable.
• Copies of job descriptions including job title, duties, location, pay rate, and proposed number of  hours to be worked per week.
• If working for an agency or consulting firm, evidence of the projects the student worked on.
• List of all gigs, including dates and duration.
• Pay vouchers or pay stubs for all periods of employment.
• Copies of W-2 tax forms.

If working in an unpaid position:

• Copies of company time and attendance records that document the student's daily tasks.
• Written verification that the position does not violate any local, state, or federal labor laws from an HR representative at the organization.
• A letter detailing the terms of the position.
  • This letter does not need to be submitted to ISSS but should be kept for the student's record.
  • The letter should be signed, on company letterhead, and include the following:
    • Student's name
    • Name and address of hiring organization
    • Position title
    • Number of hours per week
    • Start and end date
    • Supervisor's name and contact information

Consequences of Not Reporting Employment Information or Exceeding the Maximum Number of Days of Unemployment

• OPT students are required to report OPT employer information in SEVIS.
• Without this information in SEVIS, OPT students could be viewed as having failed to obtain employment and potentially considered to be out of status for exceeding the permissible periods of unemployment.
• If a student's SEVIS record is not updated, there can be short and long-term complications including setting the SEVIS record status to “terminated,” initiating EAD revocation proceedings, and negatively affecting future immigration benefits filed with USCIS.

While the OPT Application is Pending

ISSS does not recommend traveling abroad (including Canada or Mexico) while the application is pending with USCIS. Although the regulations do not prohibit travel during this time, there are risks involved. Students who choose to leave the US while the OPT application is pending and plan to reenter the US after their I-20 program end date will need the Employment Authorization Document (EAD) to return to the US. 

For students who use the ISSS address as their mailing address, ISSS may be able to express mail the EAD at the student’s expense; however, students who plan to return before the EAD is approved may not be admitted into the US as admission is at the discretion of Customs and Border Protection.

For more information, visit the ICE travel website which cautions students about traveling while the OPT application is pending.

NOTE: Students must be physically present in the US at the time USCIS receives their OPT application. Students who accept the risks may choose to travel abroad, but only after USCIS receives their application. Additionally, ISSS recommends that students at least wait until they have received the receipt notice from USCIS before traveling abroad. The receipt notice will arrive in the mail within a few weeks of USCIS receiving the application. 

While on OPT

The regulations allow students to travel while in a period of OPT. Please note that additional documents are required for students participating in post-completion OPT. The requirements for students in a period of pre-completion OPT are the same as an enrolled student.

Visit ISSS' Travel page for more information on travel for students participating in OPT.

Travel Signatures

Students need a valid travel signature on page 2 of their I-20 when they travel internationally during post-completion OPT. Travel signatures during post-completion OPT are valid for 6 months.

Students should submit the "Travel Information Update" e-form in ISSS Link at least 2 weeks prior to their travel date to allow ISSS to review the student's immigration documents, provide any needed advising, and give the student an updated I-20 with a valid travel signature, if applicable.

OPT can be extended if:

• The student is eligible for the STEM extension and has filed a timely application; or
• The student is eligible for the cap-gap extension.

24-Month STEM OPT Extension

The STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field. Students interested in applying for the STEM OPT extension can submit their application to USCIS up to 90 days before their post-completion OPT end date but before their post-completion OPT end date. USCIS will not accept STEM OPT applications received after the student's current OPT end date. 

Students are eligible to apply for a 24-month STEM OPT extension if they:

• currently hold F-1 status;
• are participating in standard post-completion OPT;
• have a bachelor's, master's, or doctoral degree in a designated STEM field conferred by an accredited, SEVP-approved US college or university;
• have a STEM OPT employer who is registered in E-Verify and agrees to the USCIS STEM OPT employer reporting requirements;
• have a STEM OPT job that will be at least 20 hours per week and a paid position related to their STEM degree; and,
• Will be reporting to an on-site local supervisor in the U.S. 

Cap-Gap Extension

The cap-gap extension allows students on post-completion OPT to stay in the US during the gap between the end of OPT and the beginning of their H-1B status.

Students are eligible for a cap-gap extension if:

• They are participating in post-completion OPT or are within the 60-day grace period after finishing OPT;
• A prospective employer filed an H-1B change-of-status petition with a start date of October 1; and
• The employer is subject to the cap on H-1B visas. Students who are not sure if their employer is subject to the cap should ask their employer. 

Upon completion of OPT, students have a 60-day grace period to do one of the following:

• Apply for a change of visa status.
• Start a new program of study, either at Emory or another institution. Students will need a new I-20 showing their new program start date before the end of the 60-day grace period. Students starting a program at another institution might be able to transfer their SEVIS record.
• Depart the US.

See ISSS' "End of Program Options" page for more information. 

Students should contact their ISSS advisor immediately to discuss the rejection or denial and to determine their eligibility to submit another OPT application to USCIS.

Eligibility for an OPT I-20 expires after 60 days of a student's program completion date. Also, USCIS must receive the I-765 OPT application no later than 60 days after the program completion date.

During a period of post-completion OPT, a student's non-immigrant status continues to be F-1, and Emory ISSS continues to maintain their SEVIS record and provide F-1 immigration advising. Students can continue to call, email, and schedule advising appointments with their ISSS advisor through their OPT period. Students can also continue to access ISSS Link-Limited Services. 
 

Students can access ISSS Link using Limited Services. For detailed instructions on how to obtain Limited Services Access, click here.

Students cannot accrue more than 90 days of unemployment during their period of post-completion OPT. During the 12 months of post-completion OPT, students may work unpaid or as a volunteer to prevent the accrual of unemployment days. However, the training experience(s) need to total at least 20 hours per week and be directly related to the student’s major field of study.

Students nearing the 90-day limit may want to consider one of the following:

• Requesting a transfer of their SEVIS record to another academic program
• Applying for a change of status
• Departing the US
  • Students who are not interested or not able to change status or start another academic program should consider departing the US. 
  • Students who choose to depart the US should notify their ISSS advisor of their plans to depart. 
  • ISSS will then complete their SEVIS record, preventing further accrual of unemployment.  

During post-completion OPT, students must report the following information within 10 days of a change:

• Change to their legal name or non-immigrant status (i.e. change from F-1 to H-1B or permanent resident).
• Departure from the US without the intention of returning to continue OPT.
• Change of student's address, email or phone number.
• Change of employment including:
  • Starting/ending employment
  • Periods of unemployment
  • Changes to a current employer's name, address or other information

See "What and When to Report" above for more information. 

• Report a change in non-immigrant status or legal name by emailing isss@emory.edu. 
   
• Notify ISSS of a permanent departure from the US by emailing isss@emory.edu. 
   
• Report employer information or changes in contact information (student's address, telephone number, and email) by logging into:
  • The SEVP Portal and submitting the information directly to SEVP (see below for more information); or
  • Logging into ISSS Link-Limited Services and submitting one of the "OPT Employer Information" e-forms.

See "How to Report (SEVP Portal and ISSS Link)" above for more information. 

While the OPT Application is Pending

ISSS does not recommend traveling abroad (including Canada or Mexico) while the application is pending with USCIS. Although the regulations do not prohibit travel during this time, there are risks involved. Students who choose to leave the US while the OPT application is pending and plan to reenter the US after their I-20 program end date will need the Employment Authorization Document (EAD) to return to the US. 

While on OPT

The regulations allow students to travel while in a period of OPT. Please note that additional documents are required for students participating in post-completion OPT. The requirements for students in a period of pre-completion OPT are the same as an enrolled student.

See "International Travel" above for more information.