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Information for UTSA students on OPT. Details on how to report back to the Office of International Programs for SEVIS updates to stay complaint with the U.S. Department of Homeland Security and USCIS. Sample letters available for employers' Human Resouce departments.
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OPT Reporting:How to stay compliant with federal and UTSA regulations
during the OPT period.
I
International Student Services The University of Texas at San Antonio
Table of Contents
Legal Responsibility …………………………………………………………………………………………4
OPT General Information ……………………………………………………………………………………5
Unemployment Rule ………………………………………………………………………………………5
Reporting Requirements During OPT.………………………………………………………………………6
Change of Address ………………………………………………………………………………………6
Change of Official Name …………………………………………………………………………………6
Start of Employment………………………………………………………………………………………8
End of Employment ………………………………………………………………………………………8
Change in Employer’s Information ………………………………………………………………………8
Leaving the U.S. Prior to the End Date of OPT……………………………………………………………8
17-month OPT …….…………………………………………………………………………………………9
17-month OPT: Additional Requirements ……………………………………………………………9
CAP-GAP Extension…………………………………………………………………………………………10
End of OPT ……….…………………………………………………………………………………………11
Appendix …………….…………………………………………………………………………………13-23
The University of Texas at San Antonio – 1.210 Main Building, One UTSA Circle – San Antonio, TX 78249 Phone: (210) 458-7230 – Fax: (210) 458-7222 – international.utsa.edu 3
Important Phone Numbers & WebsitesEmErgEncy
Off-campus phone: 911 On-campus phone: 4-911
UTSA PolicE
Phone: 210-458-4242 Website: http://alerts.utsa.edu
SAn AnTonio PolicE DEPArTmEnT
Phone: 210-207-7894 Website: http://sanantonio.gov.sapd
ThE UnivErSiTy of TExAS AT SAn AnTonio
Website: http://utsa.edu
cAmPUS DirEcTory
Website: http://utsa.edu/directory
UTSA inTErnATionAl gATEwAy
Phone: 210-458-7230 Website: http://international.utsa.edu
U.S. DEPArTmEnT of STATE
Website: http://travel.state.gov
U.S. ciTizEnShiP & immigrATion SErvicES (USciS)Website: http://uscis.gov
U.S. inTErnAl rEvEnUE SErvicE (irS)Website: http://irs.gov
U.S. DEPArTmEnT of lAbor (Dol)Website: http://www.dol.gov
International Student Services Advising
International Student Services advisors provide one-to-one advising for international students who walk-in to the office during the following hours:
Monday Tuesday Wednesday Thursday FridayMorning 9 a.m. to 1 p.m. 9 a.m. to 1 p.m.Afternoon Noon to 4 p.m. Noon to 4 p.m. Noon to 4 p.m.
4
Legal ResponsibilityAs a visa holder it is your responsibility to maintain your status. You must report all changes in your per-
sonal and employment information to the UTSA Office of International Programs/International Student Services. International Student Services reports information about your status through the Student and Exchange Visitor Information System (SEVIS) to the U.S. Department of Homeland Security.
Failure to report required information may negatively affect your F-1 visa record.
OPT General InformationOptional Practical Training (OPT) is a benefit for F-1 visa students to engage in temporary training to gain
practical experience directly related to their major field of study.
Your visa status during the OPT period is F-1; therefore, you are required to comply with F-1 visa rules and regulations.
Unemployment Rule F-1 visa rules and regulations state that “during post-completion and 17-month OPT periods, F-1 visa
status is dependent upon employment”; there-fore, a limit is set on unemployment days that can be accrued while on post-completion and 17-month OPT periods.
• Post-completion OPT students may not accrue a total of more than 90 days of unemployment during the 12-month OPT period.
• 17-month STEM OPT students may not accrue a total of more than 120 days of unemployment during the total 29-month OPT period (12-month OPT + 17-month STEM OPT).
In difficult economic times it is possible that you may be laid off or your contract may discontinue. It is not recommended that you use up your 90/120-day unemployment limits at the beginning of your OPT period since you must stay employed to maintain your visa status.
5
OPT Reporting Requirements F-1 visa rules and regulations require students on
OPT to report any changes in personal and employ-ment information while authorized for OPT to the UTSA Office of International Programs/International Student Services.
Updates must be reported within 10 days of any change. This must be done as often as is necessary (every time you change your information) to make sure International Student Services has your most current information.
Report the following: • Change of your U.S. address, email and tele-
phone number
• Change of your official name • Start of employment • End of employment • Change of your employer information
(address and name)
• Leaving the U.S. prior to the end date of OPT
It is critical that you comply with the OPT reporting requirements. The U.S. Department of Homeland Secu-rity may terminate your F-1 visa status if you have not fulfilled OPT reporting requirements.
Change of Address, Email Address, Telephone Number You must update your address, email address and telephone number with both UTSA and the U.S.
Department of Homeland Security within 10 days of changes. If your records are not up-to-date, you can be found in violation of your visa rules and regulations and your visa status will be terminated.
1. Update in ASAP. This is UTSA’s main point of contact information for you. If you do not update your mailing address, email address and phone number, you may miss important updates and information from UTSA’s office.
2. Update with the Office of International Programs. You must be sure to submit the Change of Address Form on the UTSA International Gateway to update the Office of International Programs/International Student Services. International Student Services will report any updates to the U.S. Department of Homeland Security via SEVIS.
6
Change of Official NameYou are required to report any changes to your official name within 10 days with both UTSA and U.S.
Department of Homeland Security.
1. Update your official name with the UTSA Office of the Registrar. The Office of the Registrar is responsible for maintaining a student’s official legal name for the University of Texas at San Antonio. It is required that your name must appear on your university records exactly as it appears on the passport issued by your home country. To update, you must present your passport to the Office of the Registrar with a completed Name and ID Number Change Form.
2. Update your official name with the Office of International Programs. You must request a change to your name by emailing to [email protected] with a copy of your new passport. The Office of International Programs/International Student Services will report the change to the U.S. Department of Homeland Security through SEVIS.
Start of EmploymentYou are required to report your new employment to the Office of International Programs/International Stu-
dent Services within 10 days of the start. International Student Services updates your SEVIS record to report to the U.S. Department of Homeland Security.
1. Obtain a letter of employment verification from your employer. You must request an employ-ment verification letter from either your hiring manager or your new company’s Human Resources depart-ment. It must be on company letterhead and signed by an official from your new employer.
The employment verification letter must contain the following information:
a. Statement of employment verification: “This letter is to confirm that (your name) works for employer (name).”
b. Start date: The day you have started to work
c. Job title: Your exact and accurate description of your job title
d. Job description: An accurate description of your job duties
e. Work hours: The hours and days you are expected to work
f. Paid or unpaid: An explanation of whether this is a paid position or an unpaid one
g. Work location: Where you are physically working. If this is different from the company’s main address, we need an explanation of why they are not the same.
h. E-verify number, if applicable
i. Supervisor information: Your direct supervisor’s full name, email address, and telephone number
j. Company’s address and telephone number: The company’s name, address, and telephone number
7
2. Submit your information to the Office of International Programs. Send your employment information and a copy of your employment verification letter. Use the International Student Services OPT Update Form.
3. 17-month OPT Students: Must supply E-verify certificate letter. In addition to the employment verification letter you must send an E-verify certificate letter from your employer when you submit the International Student Services OPT Update Form. This is a sample E-verify certificate letter that you can download.
End of EmploymentYou must inform the Office of International Programs/International Student Services of your employ-
ment end date within 10 days of the end of your employment. You must do this even if you have already informed us of your expected last day in your employment verification letter.
Submit your end of employment information with an employer letter confirming your last day and the termination of your employment. The letter must be on company letterhead and signed by an official from your employer. Human Resources or your supervisor would be acceptable. Use the International Student Services OPT Update Form.
Change of Your Employer InformationIf your employer changes its name or location, you must inform the Office of International Programs/
International Student Services within 10 days of such changes. You must obtain a letter from your employer explaining the name alteration or a move of the company location. This must be on the company letterhead and signed by an official from your employer. A signature from a member of your company’s Human Resources or your supervisor would be acceptable. Use the International Student Services OPT Update Form to inform the Office of International Programs of the change.
Leaving the U.S. Prior to End Date of OPT If you decide to leave the U.S. and complete your F-1
visa status before the end date of your OPT period, you must report the Office of International Programs/Internatioanl Student Services within 10 days after you left the U.S., so that your record will be properly updated and potential unemployment time ends. Send an email to [email protected] stating the following:
• Statement of your decision to leave the U.S. prior to the end date of OPT
• Date of your departure
8
17-month OPT ExtensionF-1 students approved for post-completion OPT in a STEM (Science, Technology, Engineering, Mathemat-
ics) field that appears on the DHS STEM-Designated Degree Program List can apply to USCIS for a one-time 17-month extension of post-completion OPT. This will result in a total eligibility of up to 29 months of OPT.
To be eligible for the extension, the student’s employer must be registered in E-verify and must agree to report to the UTSA Office of International Programs/International Student Services (ISS) when the student is terminated or leaves employment. The student must apply for the STEM OPT extension before their post-completion expires, and must also agree to make periodic reports to the ISS.
The Office of International Programs/International Student Services has a detailed handout for more information about the 17-month OPT Extension.
17-month OPT: Additional Requirements OPT students who use the 17-month OPT extension have additional reporting requirements. F-1 rules
and regulations state that students on 17-month OPT must make a validation report to the U.S. Depart-ment of Homeland Security every six (6) months after having begun their 17-month OPT.
Validation reports must be made even though there is no change in student’s personal and employ-ment information. Use the International Student Services OPT Update Form to make your validation report every six months.
Do not forget to include an employment verification letter from your employer. The details that must be included in the employment verification letter are listed on page 8.
9
H-1B CAP-GAP Extension: For Students with Non-CAP-Exempt EmployerCAP-GAP refers to the gap in nonimmigrant status that occurs in a change of status to H-1B, when the
beneficiary’s current nonimmigrant status expires before the requested H-1B start date (October 1, the first day of the following fiscal year).
For example, an F-1 student with an OPT end date of June 30 will have duration of status for 60 days beyond June 30, which will last until August 30 (this is the Grace Period). The gap between August 30 and October 1 is a CAP-GAP.
To qualify for an H-1B cap-gap extension: • The student must be the beneficiary of an H-1B petition that:
» Has been timely filed. » Requests an employment start date of October 1 of the current year; » Requests a change of status; and
• The student must not have violated the terms or conditions of his or her F-1 status.
An H-1B cap-gap extension will produce one of the two outcomes depending on your situation:
1. Extension of your OPT work authorization and F-1 visa status until September 30 » This applies if your OPT end date on the EAD card is April 1 or later. If your H-1B petition is
rejected, denied or withdrawn, you will have the 60-day grace period from the date of the rejection notice to depart the U.S. However, if the denial is based on a discovered status violation, no such grace period exists and you must leave the U.S. immediately.
2. Extension of your F-1 visa status until September 30, without OPT work authorization » This applies if your OPT expires before April 1. In this case, you are not authorized to work until
the H-1B petition is approved and goes into effect on October 1. If your H-1B petition is rejected, denied or withdrawn, you will have the 60-day grace period from the date of the rejection notice to depart the U.S. However, if the denial is based on a discovered status violation, no such grace period exists and you must leave the U.S. immediately.
To apply for an H-1B cap-gap extension, submit the following to the Office of International Programs:
• Copy of the U.S. Citizenship and Immigration Services Receipt/Approval Notice (I-797) or any other evidence as proof that your employer has filed an H-1B petition;
• Proof from your legal representative who filed your H-1B petition that your employer is subject to H-1B cap;
• Copies of your valid passport, current I-20 reflecting your employment and OPT authorization, and Employment Authorization Document (EAD).
Once your request is approved, the Office of International Programs will process your request in SEVIS and issue the updated I-20 form with notes on the third page.
The Office of International Programs/International Student Services has a detailed handout for more information about the CAP-GAP requirements.
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End of OPTYour OPT ends on the date listed on your EAD card. You must end your employment before or on the end
date. You have 60 days after the end date (also called the Grace Period) to take the following actions: • Exit the United States • Transfer to a different school • Start a new degree program at UTSA • Change your visa status
By the end of your grace period, you must complete one of the above options. Please be sure to inform the Office of International Programs/International Student Services which action you are planning to take.
If you depart from the Unites States and do not plan to return, be sure to update ASAP and the UTSA Alumni Office of your new location.
Remember you are not allowed to work or study during the grace period. Also, once you leave the United States, your grace period ends and you are no longer on an F-1 visa.
Best of luck in your new endeavours!
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Appendix:
Sample Letter and Handouts
Sample Employer Reporting Agreement
USE EMPLOYER’S OFFICIAL LETTERHEAD
Office of International Programs Date, Month, Year
University of Texas at San Antonio
One UTSA Circle, San Antonio, Texas 78249
This letter serves as an affidavit that our company is registered with the E-Verify program, and our E-Verify registration number is _______________________________________________.
Name of company: ____________________________________________
Street Address: _______________________________________________
City, State and Zip Code: ________________________________________
This letter also serves as an agreement that our company will comply with the U.S. Department of Home-land Security (DHS) regulations. 8 CFR Part, 214, DHS No. ICEB-2008-0002. “The employer agrees to report the termination on departure of an employee to the Designated School Official at the student’s school if the termination or departure is prior to the end of the authorized period of Optional Practical Training.”
Employee’s last name: (as it appears on the passport): ______________________________________
Employee’s first and middle name (as it appears on the passport): ____________________________
SEVIS ID, if known (as it appears on I-20 Form): ____________________________________________
We understand our responsibility and will report the termination or departure of the employee to the UTSA Designated School Official (International Student Advisor) if the employee has left employment, or if the employee has not reported for work for a period of five consecutive days without our consent.
To report student’s termination please indicate student’s last, first name (as they appear in the foreign pass-port), SEVIS ID (if known), date of birth.
Email to report termination: [email protected] Fax: (210) 458-7222
____________________________________________________ _________________________________
Signature of the Authorized Person Print Full Name
____________________________________________________ _________________________________
Title Telephone Number
12
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
OPTIONAL PRACTICAL TRAINING 17-MONTHS EXTENSION
READ THIS ENTIRE DOCUMENT CAREFULLY!! FAILURE TO FOLLOW THE REQUIREMENTS MAY RESULT IN THE LOSS OF F-1 VISA STATUS.
Additional extension of 17 months is available for F-1 visa students who have received one of the STEM degrees (Science, Technology, Engineering, and Mathematics).
Students in STEM extension must be employed by businesses enrolled in E-Verify program. E-Verify is a free internet-based
system operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration, which determines a new employee is eligible to work.
Eligibility for additional 17-months of Optional Practical Training
All the following must be met
Student must have successfully completed a bachelor’s, master’s or doctoral degree in one of the following STEM fields.
Actuarial Science
Computer Science
Engineering
Engineering Technologies
Biological and Biomedical Sciences
Mathematics and Statistics
Military Technologies
Physical Sciences
Science Technologies
Medical Scientist Download the list of all STEM-related degrees.
Student must be currently participating in post-completion OPT, working for a U.S. employer in a job directly related to the student’s major area of study.
Student may not accrue an aggregate of more than ninety (90) days of unemployment during post-completion OPT.
Student must have a job offer for a paid position (at least 20 hours per week) from a U.S. employer registered with
the E-Verify employment verification system.
Student has not previously received the 17-month OPT extension in SEVIS after earning a STEM degree.
Student’s employer must agree to report the termination or departure of the student to the international student advisor. A worker is considered departed or left employment if the worker has not reported for work for a period of five consecutive business days without employer’s consent.
When to apply
You can apply for 17-month OPT Extension within 120 days before the expiration date on your current 12-month Employment
Authorization Document.
Dates of STEM OPT Authorization Your OPT extension employment start date will be automatically pre-filled by the SEVIS immigration system with the start date beginning after the employment end date of your current Approved OPT. Your extension will last 17 months from SEVIS pre-filled date.
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
Required Documents Bring or mail the following items to International Student Services. Documents sent by fax will not be accepted.
Completed Form I-765. Put your residential address in Line 3, where you want your Employment Authorization Document to be mailed.
Copy of your diploma in one of the STEM fields
E-Verify company identification and confirmation letter This letter must be written by your current employer and must be on the official employer’s letterhead. Please download our letter template. This will ensure your employer uses the correct terminology.
Job offer letter from your current employer stating the following:
Job title
Salary or wages
Work hours
Job duties as directly related to your major area of study
Starting and ending dates of your employment
Supervisor’s contact information (name, address, phone number, and email address)
Copies of the following: I-94 Form (front and back); passport name page expiration date (passport must be valid);
copy of your visa stamp; third page of your current I-20 reflecting 12 months of OPT, previous Employment Authorization Documents (employment cards)
Mailing Documents to International Student Services If you are in San Antonio area, please come to our office to apply for the 17-month extension. If you are currently living and working away from San Antonio, mail your documents to our office. Use EShipGlobal to have the packet express-mailed to you. If you use EShipGlobal, please attach the EShipGlobal confirmation receipt to your packet.
Add the following additional documents when mailing to USCIS Service Center
Check or money order for $380 made payable to: Department of Homeland Security (Do not write or make corrections in the upper portion of the check). If using a personal check, make sure that you maintain enough money in your account.
2 recent, passport-style photos on white background. The photos must be 2 x 2 inches; the images must be 1 inch from the hair to the chin and 1-1/4 inch from eye height to the bottom of the photo. Your name and I-94 number must be printed in pencil/pen on the back of the photos. For an example photo, see
http://travel.state.gov/visa/visaphotoreq/photocomptemplate/photocomptemplate_5330.html
Once all the required documents are received, reviewed, and evaluated, two (2) new I-20s reflecting 17-month OPT extension (one copy for your personal record and one to mail to USCIS Service Center with other documents) will be issued by International Student Services.
Please be aware that International Student Services will require at least 7 business days to review
your application and issue two I-20s that will reflect the 17-month OPT Extension.
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
Where to mail Once your packet is assembled, please mail it to the correct U.S. Citizenship & Immigration Services Service Center. If you live in Texas, mail your packet according to your delivery method:
For U.S. Postal Service (USPS) deliveries: For Express mail & courier service: USCIS Dallas Lockbox USCIS, Attn: AOS USCIS, P O Box 660867 2501 S. State Hwy 121, Business Dallas, TX, 75266 Lewisville, TX, 75067
Please ensure that your packet is received by USCIS. It is highly recommended to arrange Delivery Confirmation when you mail your application packet. If you live/or will live in a different U.S. state on 17-month OPT Extension, refer to the page 10 of I-765 Instructions to choose the correct mailing address. When mailing your packet, choose the delivery method to ensure that it will be received by U.S. Citizenship & Immigration Services.
Important Reporting Requirements When Your OPT Extension Is Approved
While on 17-month OPT extension, F-1 visa students are responsible by law to report any changes of the following items within ten (10) days to UTSA International Student Services:
U.S. personal address
E-mail address
Legal name
Employer’s name and address
Loss of employment
Report these changes by completing OPT UPDATE form on the UTSA International Gateway. If you experience a technical problem, please call International Student Services at (210) 458-7202.
Please remember that students granted a 17-month OPT Extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.
Failure to report these changes and periods of employment within 10 days will be considered as a violation to your visa status. It will lead to the automatic termination of your record in the U.S. SEVIS immigration system.
Validation Report Requirement
Students must make two (2) validation (confirmation) reports to International Student Services due 6 months and 12 months after the employment start date of the OPT Extension. F-1 visa students must confirm within ten
(10) days of each reporting date that the following is current and accurate:
Name and personal address
Employer’s name and address
Employment and/or loss of employment
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
Application Process Step One: Mailing the Application Applications for OPT extension are mailed to the USCIS Texas Service Center. Step Two: Cashing the Application Fee The first sign that USCIS is processing your application is the cashing of the check. If the check has not cleared your bank within six weeks, please contact UTSA International Student Services to investigate the matter. Step Three: Receiving a USCIS Receipt USCIS will mail a receipt notice to your residential address (the address listed on your Form I-765). The Receipt Notice will have a receipt number, the date of the receipt notice and USCIS website to check on the status of your application. U.S. Citizenship & Immigration Services reports that the processing time for an Employment Authorization Document is 90 days after the receipt notice date posted on the receipt. Step Four: Processing of the Application The application for an Employment Authorization Document is assigned to an immigration officer who will review the paperwork and approve card production. Once a file has been approved, the U.S. Citizenship & Immigration Services will scan the photos and signature card into a computer system. This computer file will later be accessed to produce the work card. Step Five: Make the Employment Authorization Document Once the card has actually been made it will be mailed to your residential address (the address on the I-765 Form). Step Six: Proofing your Employment Authorization Document When you receive your Employment Authorization Document, please look it over for any errors. If any errors are discovered, call USCIS Customer Service at 1-800-375-5283 and report any errors for possible corrections.
While STEM extension is pending, an F-1 visa student can continue to work with a previous
expired employment authorization document for up to 180 days.
Students can change employers while their STEM extension application is pending; however the employer must be an E-verify employer. Students must report any change of employment to the UTSA international student advisor.
Important Information to Know After Applying for
Optional Practical Training Extension
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
Items Needed to Re-enter the United States While on 17-month OPT Extension
Valid passport & valid F-1 entry visa
Current I-20 form reflecting 17-month OPT extension and endorsed for travel by International Student Services within the preceding 6 months
Valid Employment Authorization Document
Letter from your employer showing temporary employment in the STEM-authorized field of study
1. What is my visa status during OPT? While your OPT extension application is pending and after you receive OPT approval, your non-immigrant status remains F-1.
2. Now that I’ve turned in my OPT application, can I travel outside the U.S. while I wait for
the card to come? Officially, if you have a 17-month Optional Practical Training application pending with U.S. Citizenship & Immigration Services, you are not supposed to leave the country. If you do, U.S. Citizenship & Immigration Services may consider this departure as an abandonment of the application. U.S. Citizenship & Immigration Services may request additional information regarding your application, which may be difficult to provide from abroad. The Office of International Programs’ official recommendation is that you do not travel outside of the U.S. while your OPT application is pending. If you have an emergency and need to travel before your OPT is approved, please consult an international student advisor at the Office of International Services before leaving the U.S.
3. What if I have to travel out of the country for an emergency?
It does happen that students do indeed leave the country during this time period. The most common arrangement is that students ask a trusted friend or relative in the U.S. to mail the Employment Authorization Document to them by courier, so that the student can re-enter the U.S. with all required documents. If you are considering this path, consider that there are risk involved in this scenario: Your card could get lost in the mail or U.S. Citizenship & Immigration Services could send back your application due to some minor technicality (i.e. pictures, you forgot to sign a form, etc..), and if you are not in the country, it will slow the entire process even more.
4. What is my visa status during 17-month OPT extension?
Your non-immigrant status remains F-1 while your 17-month OPT extension application is pending and after you receive OPT approval.
Travel and Re-Entry
Optional Practical Training Extension & Travel Issues
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
5. What documents do I need to re-enter the U.S. while on OPT? You will need your I-20 that has been recently endorsed for by International Student Services
Employment Authorization Document from the U.S. Citizenship & Immigration Services
Your valid passport
A current visa stamp
It might also be a good idea to carry your Offer of Employment letter with you. Please note that International Student Services cannot sign your I-20 for travel while your OPT is pending with U.S. Citizenship & Immigration Services. Once OPT is approved and you have received your Employment Authorization Document, we will sign your I-20 for travel.
6. The visa stamp in my passport has expired, but I need to travel outside the U.S. while on
OPT extension. Do I need to get a new visa stamp at an embassy? If you are going to Canada or Mexico or other contiguous territories (except for Cuba), and staying for less than 30 days, you could re-enter the U.S. on your expired F-1 visa stamp, with a valid passport, your Employment Authorization Document and an I-20 that has been recently signed by International Student Services. Be sure not to turn in your I-94 card. You must keep it in your passport to re-enter the U.S. on an expired visa. If you are traveling elsewhere, you will need to go to a U.S. embassy or consulate and seek a new visa stamp.
7. In what ways is my application to the embassy for a new visa stamp affected by being on
Optional Practical Training? There is some risk of denial for F-1 visa renewal when you are on OPT extension. Normally, it is higher than while you are in your active student program, since the focus of your stay in the U.S. now is working rather than going to school. It may be seen by the U.S. Embassy official as an avenue for adjustment of status to permanent residence. The F-1 student visa requires that the applicant must intend to return to the home country at the end of the program, and if the embassy official is not convinced of your intention to return home, the visa application could be denied.
8. What documents do I need to show at the embassy for a new visa stamp under OPT?
You need to take
A valid passport
Your I-20 recently endorsed for travel by International Student Services
Your Employment Authorization Document
If you already have employment, you would be well-advised to take an official Offer of Employment letter showing your salary, location of where you will be working, job duties and beginning date.
You should only take a letter if the job is truly temporary and will end before or by the end of your practical training time. You should also be prepared to discuss how this job experience will apply to the job market in your home country and how you intend to apply it there.
9. Do I still need to get the Office of International Programs travel signature on my I-20
during the period of my OPT? Yes, during your OPT, if you need to travel outside the U.S., you will need to have a recent signature on your I-20. If you are not located in San Antonio, mail the original I-20 to International Student Services for the travel endorsement well in advance of your departure date from the U.S. It is advised that you send the I-20 through express mail and enclose a self-address, pre-paid express mail envelope for International Student Services to return your I-20. Our office will require at least 2 to 3 business days to verify your status and sign your I-20 form.
INTERNATIONAL STUDENT SERVICES Form F-1.5 (Rev.5/2011)
Office of International Programs/International Student Services - The University of Texas at San Antonio One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
Mailing Address: UTSA Office of International Programs/International Student Services One UTSA Circle, 1.210 Main Building San Antonio, TX 78249
10. I want to leave the U.S. for a little while during the time my OPT application is in process,
but I need to return to the U.S. before the card arrives. I have a tourist visa that is valid for 10 years. Can’t I just enter the U.S. on my tourist visa ( or another visa) while I’m waiting to get the Employment Authorization Document, then start work with the card once I get it? If you leave the U.S. and re-enter with a B visa or another type of visa, you will have an I-94 card that shows that you have been admitted under that particular visa status. This means that your F-1 status is invalid. Your OPT application and card will be invalid.
11. I need to travel outside the U.S. and re-enter before the card arrives. Can’t I just re-enter
using the I-20, my passport, and my valid F-1 visa? Without the Employment Authorization Document, you will not be able to re-enter the U.S., as OPT has been recommended on the third page of your I-20. This notation on your I-20 indicates to the Port of Entry officer that you should be carrying an Employment Authorization Document with you. Please note: Students who are still enrolled at UTSA are allowed to re-enter the U.S. even if their card has not yet been approved.
12. H-1B Cap-Gap extension. Duration of status and work authorization will be extended for a student on OPT, who is beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial or revocation of the H-1B petition filed on the student’s behalf.
INTERNATIONAL STUDENT SERVICES Form F-1.6 (Rev.09/2012)
Office of International Programs/International Student Services - The University of Texas at San Antonio http://international.utsa.edu
One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
H-1B CAP-GAP EXTENSION A cap-gap extension automatically extends an eligible F-1 student’s status to bridge the gap between the end of OPT (F-1 status) and start of H-1B status, thereby allowing the student to remain in the U.S. The cap-gap extension is available to F-1 students who were either on approved OPT or in their 60-day grace period and have a pending or approved change of status H-1 Petition with the USCIS. ELIGIBILITY FOR CAP-GAP EXTENSION
F-1 students in all fields of study are eligible for the cap-gap extension as long as the following items are all applied to the student: � I-129 Petition for a Nonimmigrant Worker must be timely filed* for the student by the employer. � The employer must be subject to H-1B CAP (check with your employer or immigration lawyer). � The employment start date must be October 1. � Student must receive a USCIS Receipt/Approval Notice or any other evidence as a proof of I-129 filing. � Student must maintain their F-1 visa status and must not accrue more than 90 days of unemployment during
the Post-Completion OPT. *Timely filed: An H-1B petition was filed during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect, including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the grace period.
OUTCOME OF CAP-GAP EXTENSION A cap-gap extension will produce one of two outcomes, depending on your situation:
1. Extension of your OPT work authorization and F-1 visa status until September 30 This happens if your OPT end date (on your EAD card) is April 1 or later. If your H-1B petition is rejected, denied or withdrawn, you will have the 60-day grace period from the date of the rejection notice to depart the U.S. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the U.S.
2. Extension of your F-1 status until September 30, without work authorization This happens if your OPT expired before April 1. In this case, you are not authorized to work until the H-1B petition is approved and goes into effect on October 1. If your H-1B petition is rejected, denied, or withdrawn, you will have the 60-day grace period from the date of the rejection notice to depart the U.S. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the U.S. immediately.
HOW TO APPLY In order to receive an extended I-20 Form from the International Student Services, please submit the following: � Copy of the U.S. Citizenship & Immigration Services Receipt/Approval Notice (I-797) or any other evidence as
a proof that your employer has filed H-1B Non-immigrant Petition;
� Proof from your legal representative who filed your H-1B Non-Immigrant Petition that your employer is subject to H-1B CAP;
� Copies of the following:
o Passport name page expiration date (passport must be valid)
INTERNATIONAL STUDENT SERVICES Form F-1.6 (Rev.09/2012)
Office of International Programs/International Student Services - The University of Texas at San Antonio http://international.utsa.edu
One UTSA Circle, 1.210 Main Building San Antonio, TX 78249 Tel: 001 (210) 458-7202 Fax: 001 (210) 458-7222
o Third page of your current I-20 reflecting 12 months of OPT o Previous Employment Authorization Document (employment cards)
Your request will be reviewed within one week. International Student Services will notify you once your request has been processed. If you are in San Antonio area, come to International Student Services to apply. Our office hours are 9 a.m. to 4 p.m., Monday through Friday. If you are currently living and working outside of the San Antonio area, please mail your documents to International Student Services. Then arrange to use EShipGlobal (https://study.eshipglobal.com) to have the packet express mailed to you.
International Student Services does not accept applications sent by fax. FAQ Q: What happens if my H-1B is denied after receiving the cap-gap extension? A: If the student’s H-1B is denied, the student will have the standard 60-day grace period from the date of the rejection notice to depart the U.S. However, if a denial is based on a discovered status violation, no such grace period exists and the student must leave the U.S. immediately. Q: What if my OPT expires before April 1? Will the cap-gap extension extend my OPT? A: Although your F-1 status would be extended, your OPT employment period is expired, and the cap-gap does not serve to reinstate or retroactively grant employment authorization. You would be required to stop working until October 1. Q: How can I know I have received a cap-gap extension? A: When your request is approved, the outcome (either F-1 extension of stay or both employment eligibility and F-1 extension of stay) will be noted on page 3 of your I-20. The program end date listed on the first page of your I-20 will remain unchanged. Q: Can I travel during the cap-gap extension? A: It is recommended that a student stay in the U.S. and not travel to other countries during the cap-gap extension, as USCIS will consider a change-of-status application to be abandoned if the applicant leaves the country while the application remains pending. Even after the H-1B change of status petition has been approved, but before October 1, it is recommended that a student not travel outside the U.S. during the cap-gap extension.
