This FAQ is divided into 4 sections:

    -Applying & Qualifying for OPT

    -Notice of Action Letter/EAD

    -Interim EAD

    -Travel & Re-entry 

APPLYING AND QUALIFYING FOR OPT

Q: When should I apply for OPT?

Pre-Completion OPT: You should apply 3 to 4 months before your requested OPT start date.

Post-Completion OPT:  You can apply as early as up to 90 days prior to the completion date (The EAD can take 90 days for approval and processing). At the very latest, we recommend that you submit your OPT paperwork to the I-Center at least three weeks before your "completion date."

NOTE:  An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date, provided that it is filed within 30 days of the date the DSO enters the OPT recommendation into SEVIS. Applications for the 17-month STEM extension must be filed before the current EAD expires.

 

Q: When can I start my post-completion OPT if I am graduating in the near future?

Your practical training can start as early as the date of completion of studies and no later than 60 days after the date of completion of studies.

For example, if you graduate on June 17th, the last day you can start your OPT is August 16th.

 

Q: Do I need a job offer in order to apply for optional practical training?

A job offer is NOT required in order for you to apply for or be granted optional practical training.

 

Q: What happens if I do not work exactly in the job I described in section #6 on PTA Form?

You are "proposing employment in your field of interest," and since you do not need a job offer in order to apply for OPT, you are simply describing a "proposed" job. Therefore, as long as your job is related to your field of studies, that employment is permitted.

 

Q: What happens if I receive my EAD card for post-completion OPT, but do not graduate by the OPT start date?

Once the EAD has been issued, it cannot be cancelled!   You will be unable to start post-completion OPT until you graduate. NOTE: The USCIS has stated that "failure to complete a course of study is not a valid reason for cancellation of an I-765 or EAD issued for Optional Practical Training."  Additionally, the USCIS has stated "loss of job offer is not a valid reason for cancellation of an I-765 or EAD." If you do not complete your studies as planned, you will be required to obtain a new I-20 reflecting a new date of completion of your degree. Please contact an I-Center advisor regarding this URGENT request.

Failure to extend the I-20 will cause you to fall out of F-1 legal status.

 

Q: My plan has changed. Can I cancel my OPT, if I have NOT submitted my application to USCIS?

Yes.  Please contact an I-Center advisor immediately in order to remove your OPT request from the immigration record. 

 

Q: Is it true that I will be allowed to receive another 12 months of OPT if I complete a higher degree level?

Yes, regulations allow a student to be eligible for 12 months of OPT based on a higher degree level. Students are limited to 12 months per degree level.  (You may not combine two continuous 12 month periods if you obtain two degrees at the same time.)

 

Q: Where should I mail my OPT application?

You must mail your completed application to the USCIS Service Center, which has jurisdiction over the address you list on the I-765 (Application for Employment Authorization) in Item 3. If you are residing in California at the time of application, you will send your request to the California Service Center (CSC) by "certified mail with return receipt".

The list of Service Centers can be found on page 7 of the I-765 Application Instructions.

If you are not living in California at the time of the application, please review the application form to determine which Service Center should receive your request.

Q: Instead of mailing my application, can I drive to the California Service Center(CSC) in Laguna Niguel, California to obtain my EAD?

No, the application for employment authorization (form I-765) and supporting documents may only be processed by mail. You may not obtain the EAD from the CSC directly.

Q: I worked for 3 full-time months under curricular practical training last summer. Do I only have 9 months left of optional practical training available to me after I graduate?

No, you will have access to 12 months of Optional Practical Training.  Curricular practical training does not impact a student's eligibility for optional practical training unless the student has worked full-time under curricular practical training for a total of 12 or more months, in which case the student becomes ineligible for any optional practical training. Part-time CPT does not accumulate and is therefore never deducted.

Please note, if you have been issued an EAD for 3 months of full-time practical training under Optional Practical Training (OPT), based on the same degree level, you must deduct 3 months from your total available optional practical training period.

Q: What is the total maximum amount of time that I may remain in the U.S. based on my post-completion practical training EAD?

You may remain in the U.S. for up to two months after the expiration date of your EAD. For example, a student who has applied for 12 months of post-completion practical training must complete all optional practical training within a 14 month period following the completion of study (12 based on employment + 2 grace months).

 

Q: The USCIS form I-765 asks for a "student admission number" and/or "Alien Registration Number (A-number)," where do I find these numbers?

The student admission number is the 11 digit number found on your current I-94 card (arrival/departure record). The admission number is NOT your school ID number. The A-number is given to permanent residents of the U.S. International students do NOT have an A-number, but do have an I-94 admission number. You may have seen an "A-number" on a previously issued EAD card, but this number was basically issued to identify persons who have an immigration file. This is not a real A-number but a fictitious number used to generate the EAD card. It should NOT be put on any application requiring an A-number.

Q: Since I am moving this summer (and I still have not moved to my new address), can I use a foreign address to receive the EAD?

No, the USCIS requires that you indicate an address in the United States and the address must be appropriate to the Service Center address to which you send your application. In other words, if you use an address in California, you must send your application to the California Service Center. You may not put a foreign address on form I-765.  Because of jurisdiction issues, this address MUST be in California (or a state covered by the California Service Center), in order for you to be able to send your request to the CSC. This address may be a P. O. box.

If you will be moving after you have forwarded your request to the CSC, you MUST do a change of address with the U.S. Post Office so your mail is forwarded to your new address, and you should also go to to the CSC web site to request an "online change of address" on a pending case.

Remember to be sure to keep your Directory (local) address in Axess. For further information please review this page.

Q: I am extremely pressed for time.  Can I file I-765 on-line?

Yes, please check for more information here.

Q: If I do not apply for practical training after I graduate, how long may I remain in the U.S.?

60 days from the actual date of completion of studies, which often is earlier than the projected date of completion noted in section #5 of your I-20.

NOTE: If your I-20 expires in September, but you complete your studies on June 15, you may remain only until Aug. 14.)

NOTICE OF ACTION LETTER/ EAD

Q: What happens after the USCIS California Processing Center (CSC) receives my application?

Usually, you will get the Notice of Action letter about 2-3 weeks after you send your application. This letter acknowledges formally that your application has been received by the CSC.  The WAC# (formally called the Western Adjudication Center #) is the receipt number issued by the USCIS.

NOTE: Once the EAD is approved, in most cases, the EAD could arrive within 7-10 days.

Q: Is there any way possible that our local Immigration Office will process my EAD since I need to start working next week?

No, your local USCIS Office CANNOT process your original EAD request. All requests for the EAD are done by one of the four Service Centers. (There are Service Centers in Vermont, Texas, Nebraska, and California.)  Please review questions on Interim EAD section.

Q: I applied for the EAD more than two months ago and I am scheduled to work very soon. Can I get paid by the company at a later date for the short period that I did not have the EAD?

No! Working without a work permit is a serious violation of your legal status, and could be grounds for deportation.

Q: I applied 80 days ago for the EAD, and I am being pressured by the company to start working soon; is there anything that can be done so that I can start working on time?

No, you need to wait at least 90 days before any request may be considered for an interim EAD.

Please review questions in the Interim EAD section.

Q: I recently received the Notice of Action letter.  How can I check my case status? 

Once you have the WAC #, you can check your status at:

USCIS Case Status Online website

Also check current processing times at:

USCIS Process Times website

You can call “National Customer Service Center” at 1-800-375-5283 to request assistance.  Eventually (possibly 30+ minutes later) you will be able to talk to someone.

The USCIS processing times do vary for the EAD requests. Most requests are currently taking 90 days.

Q: I did not receive the Notice of Action letter which states my WAC# to help me "track" the progress of my EAD application. How can I get this WAC#, and what immigration web site or number can I call to inquire about my EAD application?

The WAC# (10 digit number) will be handwritten on your cancelled check (for processing form I-765).  Please request a photocopy of your cancelled check from your bank. 

If your check is not cashed within the first two weeks after sending the application, there is a chance that the application was never received by the service center. Please contact an I-Center advisor as soon as possible if this is evident.

You can also call “National Customer Service Center” 1-800-375-5283 for assistance.

Q: My EAD contains an error with the dates authorized for employment. (I was issued 1 year of authorized employment instead of 3 months.) How do I obtain an EAD with the correct dates I requested? May I continue to work with my employer?

Yes you may continue to work, but the EAD will have to be returned by an I-Center advisor to the USCIS Service Center (Remember not to continue to work beyond the date of the original endorsement on page 3 of your I-20.) An I-Center advisor will have to write a letter explaining why the EAD is being returned. According to the immigration service, the "system will be updated showing the EAD was destroyed and a replacement EAD ordered." The immigration service has also stated that it will not be necessary to send a new application or an additional fee. The EAD and I-Center advisor’s cover letter will have to be forwarded to the USCIS Service Center to a special address. It is anticipated that a new EAD will be issued in 90+days.

Q: I recently lost my EAD, but fortunately I still have my I-20. Is it true that I will have to apply all over again with the California Service Center for a new EAD?

Yes, and make sure that you include a photocopy of your lost EAD if possible. The USCIS will take 90 days to process your EAD once again and will charge you the fee. However you may continue working with the same company while your replacement request is being processed. Please contact an I-Center advisor regarding this request.

Q: I recently lost my I-20, but fortunately I still have my EAD. Do I still need an I-20?

Yes, you must apply for a replacement of a lost I-20. Please contact an I-Center advisor.

Q: I received my EAD card.  Am I required to work?

No.  You are not required to work.  However, once you leave the U.S. you cannot re-enter the U.S. without a job offer letter.

Q: Can I change my employer during my OPT?

Yes, as long as it is related to your field of studies.

INTERIM EAD (Application & Processing) 

Q: What is an interim EAD?

The interim EAD is a work permit that is issued if the original EAD has not arrived within 90 days of the Received Date as noted on the Notice of Action letter.  The interim EAD is issued for up to 8 months.

Q: Can I still obtain an interim EAD from the local immigration office?

In the past, the interim EAD could be issued the same day by the local immigration office if the student had waited over 90 days and the start date of the endorsement had already begun.   But as of Sept. 1, 2006, the local office will no longer process the actual interim EAD, but will take your request/ bio-metric information and forward your request to the Chicago processing office.

Q: I applied over 90 days ago for the EAD. May I request an "interim EAD" from the local Immigration Office?

If you intend to apply for an interim EAD, the San Jose immigration office has stated the following:

1.  Make an appointment using INFOPASS to meet with the local USCIS Office.

2.  Take the following original documents (and photocopies) to the USCIS Office:

         A. Notice of Action Letter

         B. I-20 (endorsed for OPT)

         C. I-94 card

*no fee will be applied.

3.  USCIS SJ will then take new biometrics and supporting documentation (photocopies of documents).

4. USCIS SJ will then forward the request to the National Benefits Center via the Chicago Lockbox.

Q: How long will it take to obtain an Interim EAD?

We do not know how long this will take to process as we have yet to have someone try this new procedure.  Most students prefer to wait for the original EAD to arrive.

TRAVEL & RE-ENTRY 

Q: I am graduating on June 17, 2007 but my current I-20 and visa stamp do not expire until Aug. 31, '07. Would it be possible for me to re-enter the U.S. on my I-20 and then apply for the EAD within my 60 day "grace period?"

No! Your "grace period" is not valid for re-entry into the U.S. should you decide to leave and re-enter prior to the issuance of your EAD. (NOTE: Your new SEVIS I-20 will reflect the correct date of conferral of your degree, along with the endorsement (on page 3) of your proposed period of OPT.) You should apply for the EAD, and then travel AFTER you have received the EAD.

If you are graduating this June, and have already applied for OPT and are traveling between Winter/Spring quarters, you do not need the EAD in order to re-enter before completion of your studies. You will also not forfeit your OPT request because of your trip outside the U.S.

Q: I am traveling after I graduate (and after I receive the EAD), what documents do I need in order to re-enter the U.S.?

Please go to this page for further information.

Q: There is a notation on the EAD card that it is "not valid for re-entry to U.S.," but you mentioned that I still need it to re-enter the U.S.?

You would not be permitted to re-enter the U.S. by simply showing the EAD. You will need the EAD in conjunction with your I-20 (endorsed for both practical training and travel), your valid passport (with a valid visa stamp), and proof of funding sources (i.e. job offer letter).

Q: I haven’t received my EAD card yet.  Can I travel outside of the U.S. after I graduate?

It is NOT ADVISABLE TO LEAVE THE UNITED STATES with a planned re-entry date that is after your graduation date if you have not yet received your EAD card. If the EAD does not reach you (for example if it is lost in the mail) you will not be permitted to enter the U.S. after your graduation date. In addition, if the USCIS loses your paperwork, which sometimes happens, or cannot process your paperwork because of something that needs clarification (i.e you submitted the wrong size photos, your check "bounced," etc.), the EAD will not be sent and USCIS will have no way of contacting you if you are outside the United States. And, needless to say, you will not be permitted to re-enter without the EAD card if you have already graduated. You may need to contact an attorney for assistance as an I-Center advisor will not be able to assist you.

If you plan to travel outside the US around the time you complete your studies, you must apply for post-completion OPT before you leave the United States.  Consult with the I-Center if you intend to travel abroad during this time.

Q: I know you have told us not to travel after graduation if we do not have the EAD… but couldn’t I travel home and then re-enter on a tourist (B-1 /B-2) visa or the visa waiver "90 day" tourist visa while my EAD application is pending?

Under NO circumstances should you enter on a tourist visa (B1 or B2 visa) or the "visa waiver" program. You will cancel your F status upon entering the U.S., and you will forfeit your eligibility to work in F-1 status once the EAD has been approved!

Q: My passport is expiring in a few months; will this affect my OPT application?

No, but make sure that your passport does NOT expire while you are in the U.S. You should contact your home country consulate or embassy in the U.S. and ask how to renew your passport. Note: If your visa stamp is still valid in your "expired" passport (and you travel after renewing your passport), you will most likely re-enter using BOTH passports in order to be re-admitted to the U.S. in F-1 status.

Q: My F-1 visa in my passport is expiring soon; will this affect my OPT application?

No, the visa stamp expiring will not affect your OPT application. As a matter of fact, your F-1 visa stamp may expire while you are in the U.S. without any adverse affects. However, if you decide to travel out of the U.S. after your visa has expired, you need to apply for a new F1 visa at the U.S. Consulate outside the U.S. prior to returning to the U.S.

Q: I am outside of the U.S. and realized that my travel signature more than 6 months old. What should I do?

Please send your original I-20 to I-Center.  

NOTE: If you need a document sent back by "Fed Ex" please provide credit card information so that the express delivery will be billed to you. You MUST provide the I-Center with the following information: credit card number, credit card expiration date, full street (NOT PO box) address to which document will be sent, and phone number at that address (with area codes).