STEM Graduate didn’t receive OPT Extension – Case Study

OPT (Optional Practical Training) is the 12 month period given to a graduate, by the USCIS (United States Citizenship and Immigration Services) to work for at most one full year on F-1 student visa. Once the OPT period is complete, the candidate can still continue to work if he/she has a degree in the STEM (Science, Technology, Engineering, and Mathematics) category by applying for 17-month OPT Extension.

There are certain primary conditions you need to satisfy to get your OPT Extension approved:

• Should have completed STEM designated degree program
• Your employer must be registered as e-verified
• Job requirements should match your field of study
• You should have not worked on OPT Extension earlier

Another requirement I would like to stress in this topic is:

You will not be eligible for OPT Extension if you have used CPT for 12 months.

According to USCIS, “CPT (Curricular Practical Training) is alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.”

Case Study:

One of our F1-OPT Graduates Career Fair blog visitors has come across a similar situation and had his OPT Extension rejected. According to him, he applied for the OPT Extension 3 months before his OPT Expired, and heard back from the USCIS that he is no more eligible to have the 17-month OPT Extension as he used his CPT for more than 12 months.

What did he do?

According to him, he went through a troublesome situation since his OPT was expiring very soon and he would be out of status. He then found a school which immediately could enroll him in a one year degree program, which does come under the STEM category. This school lets him finish his degree program in one year and now he will be eligible for the 17-month OPT Extension period after he finishes his degree program. Although he is not eligible to have a 12-month OPT again since he already used his full 12-month OPT for his first degree program.

When should one return to school in such situation?

A person in such circumstance can return to school any time within 60 days of your OPT expiration, only be you have already obtained the new I-20.