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How Long Does It Take for Opt to Be Approved From Initial Review

Written By Tuesday, 19 April 2022 Add Comment Edit

Stage 3: WAITING FOR USCIS TO APPROVE Stalk OPT EXTENSION APPLICATION

Step 1: Receive Your I-797 C Receipt Discover from USCIS

What is the I-797C Receipt Notice?

  • USCIS will send a receipt (Class I-797C) within 30 business organisation days confirming they received your awarding. If you do not receive this notice within 30 business organization days, contactUSCIS Customer Service to confirm your mailing address.
  • COVID-xix annotation: Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices. For more data, run across the USCIS Lockbox Updates web warning.
  • Your receipt will have a case number (start with three letters followed by ten numbers).
  • Go along the original receipt for your records. This is the only way you tin can rail your awarding at the USCIS Service Centers.

What do I do with the I-797C Receipt Discover?

  • Go along the original receipt notice in a safe place for your records.
  • Use the instance number on the receipt observe to track the status of your application on the USCIS website.

Step two: Await For USCIS To Adjudicate Your Application

How long will it take for my application to be approved?

  • Processing times vary greatly, merely you should expect USCIS to have nearly xc-120 days to approve your Stalk OPT Extension awarding.

Can I work while my Stem OPT Application is still awaiting?

  • Your work authorization and F-1 status is automatically extended for up to 180 days while the STEM OPT Extension application is pending.
  • The 180 days counts from the end date of your initial 12-month OPT.
  • Only applies if your STEM OPT Extension application was received by USCIS beforethe finish date on your initial 12-month OPT EAD carte.
  • Your I-797C Receipt Notice serves as documentation of your pending STEM OPT Extension application. 8 CFR 214.2(f)(xi)(I)(C) and 8 CFR 247a.12(c)(half-dozen)(iv)

Tin can I travel while my Stem OPT Extension Awarding is still pending?

  • See Traveling While your Application is Awaiting section below.

What if I receive a Request for Further Evidence (RFE)?

  • A Asking for Further Bear witness (RFE) is a letter from USCIS requesting boosted documentation for your application. This may happen when a certificate is missing from the application or when USCIS needs further description on the data presented in the application. Non all applications receive an RFE, but some practice.
  • The RFE notice will explicate exactly what documents USCIS needs from y'all. Your responsibleness is to mail those documents back to them, post-obit the instructions provided on the RFE.
  • If you would like help understanding your RFE, delight email a re-create of your RFE notice to iemployment@ucsd.edu .
  • You lot should answer to your RFE promptly, as it does add boosted processing time to the adjudication of your application.

Can I cancel my Stalk OPT Extension awarding?

  • Students may withdraw their application just Earlier it has been canonical by USCIS.
  • To withdraw your STEM OPT Extension application, mail a alphabetic character with your name, SEVIS ID number, instance number for your STEM OPT Extension application, and a statement requesting to withdraw your awarding to USCIS.
  • If you are considering withdrawing your Stem OPT Extension application, exist sure to speak with an ISPO advisor get-go, so that nosotros can aid you with this procedure.

What practise I practise if I receive a Rejection Notice or a Denial Detect?

  • If your application has been denied or rejected by USCIS, email iemployment@ucsd.edu as presently as possible and attach a copy of your rejection letter or denial detect, and also include your PID number in your email.

Step 3: Receive Your I-797 Approval Notice from USCIS

What is the I-797 Approving Notice?

  • USCIS will send yous an approval notice (Class I-797) once they accept approved your Stem OPT Extension application.
  • This document looks very similar to the I-797C Receipt Notice, but will say "Approval Notice" instead of "Receipt Observe".

What do I do with the I-797 Approval Find?

  • Be sure to retain the Approval Detect for your records.

Stride 4: Receive Your STEM OPT EAD Carte from USCIS

Near the STEM OPT EAD Card:

  • You should receive your Stem OPT EAD card soon (within several days) afterwards receiving your I-797 Blessing Notice.
  • The EAD card serves as your proof of STEM OPT authorization and eligibility to piece of work in the U.Due south.
  • Your employer may ask for a copy of your EAD carte du jour for their records.
  • Sample EAD card:

new-ead.jpg

What if there is an error on my STEM OPT EAD carte?

  • If USCIS made an error on your STEM OPT EAD card, you tin can request a corrected card by following the instructions on the EAD webpage on the USCIS website.
  • Unlike receiving your original OPT EAD menu, the replacement/corrected STEM OPT EAD card must be received in-person, and you volition be required to present two types of ID (east.g. Passport, Commuter'due south License, School ID Card, etc.) to receive your certificate. Here are your options for receiving the STEM OPT EAD card in-person:
    • Receive in-person at the accost listed on your I-765 grade (question #3).
    • Arrange in-person pick upwardly at the nearest post role by going to the USPS website, creating a USPS Informed Delivery Account, and selecting "concur for pickup."
    • Designate a "c/o" private and accost on your I-765 grade (question #3) and have this designated individual receive your EAD Carte in person.
    • Without the "c/o," designate an individual to receive your EAD Card (and all other mail) by completing the Postal Service'sPS Form 3801 Continuing Delivery Society or PS Class 3801-A, Understanding by a Hotel, Flat Firm, or the Like. You must submit the grade to USPS earlier USCIS mails your corrected EAD menu.

What if I do not receive my STEM OPT EAD card within 90-120 days?

  • Submit the USCIS east-request for "Outside Normal Processing Time" on the USCIS website. Equally the applicant, yous are also able to contact the USCIS Customer Service Center using the phone number on your Receipt Notice.
  • If your STEM OPT EAD Carte du jour was lost in the mail, you volition need to utilise for the Replacement EAD Card past following the instructions on the EAD webpage on the USCIS website.
    • If the mailing error was nota USCIS error, you will need to pay the filing fee once more.
    • Replacement EAD cards must exist received in-person, and you will be required to present two types of ID (e.one thousand. Passport, Driver'south License, Schoolhouse ID Card, etc.) to receive your certificate. Here are your options for receiving the STEM OPT EAD carte in-person:
      • Receive in-person at the address listed on your I-765 form (question #iii).
      • Suit in-person pick up at the nearest post office past going to the USPS website, creating a USPS Informed Commitment Account, and selecting "concur for pickup."
      • Designate a "c/o" individual and address on your I-765 form (question #3) and have this designated individual receive your EAD Card in person.
      • Without the "c/o," designate an private to receive your EAD Card (and all other postal service) past completing the Postal Service'sPS Form 3801 Standing Delivery Guild or PS Form 3801-A, Agreement by a Hotel, Apartment Business firm, or the Like. You must submit the form to USPS before USCIS mails your corrected EAD card.

Additional Information

Changing Employers while Your STEM OPT Extension Awarding is Pending with USCIS

What do I do if I change employers while my Stalk OPT Extension application is pending with USCIS?

  • Log in to iportal.ucsd.edu .
  • Go to "Services" tab.
  • Select "Updated I-20/DS-2019 Request".
  • Choose the "Canonical initial 12 month OPT (Pending Stalk OPT Extension, has been received by USCIS)" OPT blessing status option.
  • Fill up out your request.
  • Upload aPDF copy of your electric currentOPT EAD carte.
  • Upload a PDF copy of your Class I-983 Training Plan (but pages 1-4) for your new employer.
  • Upload a PDF copy of your I-983 Last Evaluation (final page of Form I-983) from your previous employer, simply ifyou will end this employment after your current EAD card end engagement.
  • "Submit" your asking.
  • Your updated I-20 reflecting your new employer will be issued within 5 business days.

What do I do with my updated I-20?

  • You should retain your I-20 for your records and USCIS may send you a Request for Further Evidence (RFE) request for a copy of your updated I-twenty with the new employer on it, as well as a new I-765 with the new employer's Eastward-Verify number on it. If you receive an RFE, follow the instructions on the RFE. If you lot need assist with the RFE yous can email a scanned copy of your RFE letter toiemployment@ucsd.edu , and make sure to include your name and PID in the email.

Traveling while Your Stalk OPT Extension Application is Pending with USCIS

Tin can I travel while my STEM OPT application is awaiting with USCIS?

  • Every bit noted past the Department of Homeland Security (DHS):
    • "Students on STEM OPT extensions (including those whose application for a STEM OPT extension is pending) may travel abroad and seek reentry to the The states in F-one status during the STEM OPT extension menstruum if they have a valid F-1 visa that permits multiple entries and a electric current Form I-20 Certificate of Eligibility endorsed for reentry by the DSO within the concluding six months. The student's condition is adamant past CBP upon admission to the Us or through a USCIS adjudication of a change-of-status petition" (preamble to the 24-calendar month rule [81 FR 13103 par. 774]).
  • Students on OPT or STEM OPT are advised to programme carefully earlier leaving the U.S. ISPO advises to programme international travel while on approved STEM OPT, whenever possible.

What if my visa volition be expired when I desire to travel internationally?

  • Students on OPT or STEM OPT are advised to plan carefully before leaving the U.S. and to contact the U.S. Consulate in their home country regarding visa renewal processes.
  • Guidance for students whose OPT EAD menu has expired and whose Stem OPT extension is awaiting and has filed a timely I-765 for Stalk OPT extension, and therefore whose EAD card is automatically extended for 180 days, may use for a new visa. Students should be prepared to present their Stem OPT I-20 and proof that the I-765 petition was filed in a timely manner in the class of their original I-797 receipt. Every bit noted in the Federal Guidance: U.S. Section of State foreign Affairs Manual 9 FAM 402.v-5(N)(vi)(e):
    • "As the STEM OPT extension is automatic for the beginning 180 days following regular post-completion OPT (when the student has properly filed Form I-765), the educatee may non necessarily have a renewed EAD. Therefore, any students having automatically authorized employment through the OPT extension may not be able to present a valid EAD when they utilise to renew their visa. All the same, F-one students in this state of affairs can request an updated I-20 from the DSO, annotated for the STEM OPT extension, every bit well equally proof that the I-765 petition was filed in a timely manner.  You must ostend that the educatee's electronic SEVIS record contains the same data as the updated difficult copy Course I-20 before issuing a visa."

What documents do I demand to reenter the U.S. while I am on Awaiting STEM OPT?

  • Electric current passport – should exist valid for at least 6 months after your reentry date.
  • Electric current F-i visa – you may reenter the U.Southward. until the end date of your visa stamp.
  • Electric current I-20 – Must have a valid Travel Signature on folio 2 of nigh recently issued I-20 with STEM OPT recommendation.
    • To renew your travel signature, meet our Travel Signature Folio. Travel signatures are valid for six months while on STEM OPT.
  • Your original OPT EAD menu
  • Copy of I-797 receipt of pending Stalk OPT
  • A task offer letter from your current employer (non required, but recommended).
  • Yous can also review our general travel and reentry page.

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Source: https://ispo.ucsd.edu/advising/visa/current-returning-students/work/after-graduation/f1-opt/stem-opt-extension/stage3-wait-stem-opt.html

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