Jobsscholar - Jobs, Jobs Hiring, Job Search Jobsscholar - Part Time Jobs, Jobs, Employment Agency Jobsscholar - Highest Paying Jobs, Job Application, Airport Jobs Jobsscholar - Government Jobs, Jobs Hiring, Find a Job Jobsscholar - Oil & Gas Jobs in Canada, Jobs, Internship

Tag Archives: Filing F-1 OPT EAD

What to do After Applying for OPT EAD with USCIS (F1 Visa Employment Guide)

Are you an F1 visa student who has applied for the OPT EAD? In this guide, you will learn what to expect after mailing your OPT EAD application to USCIS, what to do after applying for your OPT EAD and how long to get USCIS receipt notice.

If you have successfully submitted your OPT application to USCIS, as discussed in this guide (How To Apply For OPT EAD), you might be wondering what are the next steps to follow after submitting your OPT. In this guide, you will learn what you can do and what to expect after you’ve applied for your OPT.

Note: After applying for OPT, you are not allowed to start working until you have received our EAD card and the “valid from” date on your EAD card has been reached.

What to do After Applying for OPT EAD with USCIS

  1. Tracking Delivery of OPT EAD Application

The very first thing to do is to track the delivery status of your OPT application. If you’ve mailed your OPT application, you should have requested the tracking number from your career service provider.

With this tracking number, you should be able to track the confirmation of delivery of your OPT application to USCIS.

If you experience any delays with the delivery of your OPT application, you should quickly contact the customer service rep of your career service provider or USPS.

Once you’ve confirmed the delivery of your OPT application on your current service provider’s website, keep a copy of this delivery confirmation for your records.

If you’ve paid for the OPT application fee using your personal check, keep an eye out on your bank account records just to see if USCIS has processed your OPT application fee.

  1. Await Receipt of Form I-797C

Once you’ve confirmed the delivery of your OPT application, the next step is to await the receipt of a form called the Form I-797C Notice of Action. This form will be sent by USCIS.

Typically, you can expect to receive this Form I 797 C in about four weeks, and in some cases it might take slightly longer than four weeks.

But nevertheless, you should not panic if you have not received your Form I-797C after four weeks of the confirmation of delivery of your OPT application.

Usually, if you’ve paid for your opt application fee using a personal check, you can tell that USCIS has pre-processed your OPT application. If your bank account records can show that your OPT application fee has been cashed by USCIS.

On the top left corner of Form I-797-C, you would find your receipt number and with this receipt number, you can track the status of your case on the USCIS case tracking website. Read this guide (4 BEST Ways to Track/Check Your USCIS Case Status Online) to know the full detail about the four best ways of tracking your case status with USCIS.

  1. Await Notice of Approval and EAD Card

If you’re successful with your opt application on the Case Status tracking website, your case status will indicate that your OPT has been approved.

Next, USCIS will mail you a Form I 797 Notice of Approval, followed by your Employment Authorization Document card. This Form I 797 Notice of Approval, will arrive in the mail before you receive your EAD card.

Responding to a USCIS RFE

In the unfortunate circumstance that your OPT application requires more investigation by USCIS, USCIS will send you a letter called a Request for Evidence (RFE). On this Request for Evidence, USCIS will explicitly define what documents you need to provide in order for your case to be adjudicated.

If you received a request for evidence from USCIS, make sure to contact your school’s international office as soon as possible, to proceed with next steps.

It is very important that when you respond to an RFE, make sure to submit all the requested documents by USCIS in a single mail.

  1. Submitting Copies of EAD Card to your DSO

Finally, once you’ve received your ID card in the mail, make sure that information listed on the EAD Card is correct. And once that’s correct, make a copy of the front and back of the ID card and send that to your school’s international office.

You should also note that you’re not allowed to start working on OPT until the start date listed on your ID card is “Current”. Failing to do so will result in you violating your OPT status and your OPT could be terminated.

Those are what to do After Applying for OPT EAD with USCIS.

Frequent Questions About OPT EAD and Answers

Question: After getting your EAD and signing a job contract, who do you send your offer letter to?

Answer: For the OPT, you are only required to report your employment to the Student and Exchange Visitor Program (SEVP). Usually, there is no obligation here to show your offer letter for confirmation. You simply state the employer name, address, job role, and pay for your employment.

DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information in this guide should not be construed to be formal legal advice. For legal advice, you should consult an attorney.

What To Do If You Receive an RFE on OPT EAD Application (F1 Visa Students)

You’ve just gone through the stress of submitting your I-765 application for your OPT or your STEM-OPT EAD (Employment Authorization Document), and after several weeks of waiting for a response from USCIS, you check the status of your case and you see an update that says that you’ve received a “Request For Evidence” (RFE) from USCIS. That is a disappointing or unpleasant situation.

What To Do If You Receive an RFE on F-1 OPT EAD Application

This guide will cover the following things:

  • In this guide, we are going to be discussing some of the common reasons why F1 students applying for the OPT or STEM-OPT might receive an RFE from USCIS, what you could do to prevent it, and how to respond to an RFE if you receive one.
  • If you’ve received an RFE from USCIS on your OPT or your STEM-OPT application, in this educative guide, you’re going to get some helpful tips that you can follow when responding to your RFE.
  • On the other hand, if you’re an advance student who has yet to apply for your OPT, below in this guide, you’re going to get some helpful tips that you can follow to reduce your chances of receiving an RFE.

What is Request for Evidence (RFE) and what does this document look like?

The Request for Evidence (RFE) is a document issued by USCIS whenever USCIS needs some extra information from you in order to process your immigration case.

What is Request for Evidence

If you check the status of your case in the USCIS Case Tracking Tool, you will see a status update that says that an RFE has been issued and mailed to you. When you get this letter in the mail, it’s going to have a list of issues that USCIS need you to address in order for the application to be adjudicated.

One of the most important sections of the Request for Evidence (RFE) is the deadline to respond to the RFE, that’s normally contained within the second paragraph on the RFE. You should take a note of this date and ensure that your response to the RFE is received by USCIS before this date is reached.

The main downside of receiving the RFE is that the processing of your OPT or your STEM-OPT application is going to be suspended until USCIS receives your response, and this essentially prolongs the total processing time of your OPT or your STEM-OPT application.

If you’ve got an RFE, you should breathe a sigh of relief knowing that you have a second opportunity to put together a strong application for your OPT or your STEM-OPT application.

Just because you got an RFE does not mean that your initial application is going to be denied. If that were to be the case, USCIS would send you a letter called a “Notice of Intent to Deny”, which is much more difficult to overcome relative to the RFE.

One of the good things about the RFE, if you can say so, is that USCIS would explicitly tell you what documents you need to provide in order for your application to be processed.

And if you can successfully provide the evidence that’s required by USCIS, then you have a higher likelihood of getting your application approved.

Common reasons for receiving a USCIS Request for Evidence (RFE) on the I-765 application for OPT or STEM-OPT

Below are some of the common reasons why F1 students applying for the OPT or the STEM-OPT might receive an RFE from USCIS. Some of these reasons are not particularly obvious.

  1. Passport Photo Issues

The first reason why you might receive an OPT RFE on your OPT application or your STEM-OPT application has to do with not meeting the right requirements for your passport photograph.

The passport photograph that’s taken to support your OPT application needs to be a two inch by two inch colored passport photograph, taken against a white background. This photograph must show a clear image of your face and it should not be photo edited by any means.

If you like to see the correct specifications for your passport photograph used to support your OPT application, visit the U.S Department of State website that explicitly specifies the requirements you must meet for your passport photograph to be accepted.

Another common reason for an OPT RFE could happen when you use a passport photograph that you’ve used on a previous immigration case.

For example, an F1 student who has applied for the 24 months DEMO-OPT extension using the same passport photograph on the initial post Completion OPT application might receive an RFE from USCIS because this would imply that the passport photograph does not meet the six month requirements specified by USCIS.

There is an obvious reason why you could prevent receiving an RFE by making sure that your passport photograph meets all the requirements specified by USCIS. It’s highly recommend that when getting a passport for your OPT or your STEM-OPT application, you should consider getting this done professionally or semi-professionally.

  1. Missing Documents

The second common reason for the OPT RFE is forgetting to provide supporting documents for your OPT application or your STEM-OPT application, respectively.

For example, an F1 student applying for the STEM-OPT extension will be required to provide supporting documents, such as copies of the previous EAD card that was issued for the post completion OPT.

Failing to provide any of these supporting documents could easily lead to an OPT RFE, thereby delaying the length of time it’s going to take you to obtain your EAD card.

If you’re going to be applying for your post completion OPT, you can check [HERE] to a free downloadable PDF checklist that keeps you on track to provide all the required supporting documents when applying for your post completion OPT.

  1. Errors on Form I-20

The third common reason for an OPT RFE is when there are errors on your I-20 endorse for OPT or STEM-OPT by your Designated School Official (DSO). Yes, your designated school official is capable of making mistakes just like anybody else, and that’s why when applying for the OPT, you will need to make sure that you thoroughly review I-20 issued by your DSO, ensuring that there are no inconsistencies.

And if you find any inconsistencies on your I-20, make sure to bring this to the attention of your designated official before submitting a copy of your I-20 as part of your application package.

The thing about requests for evidence issued by USCIS is that they are highly subjective. For example, you can have two applicants applying for the OPT using the exact same documentation, and one applicant receives an RFE while the other applicant does not get an RFE.

So while you might not be able to guarantee with 100% certainty that you’re not going to get an RFE, by following these tips, you can significantly reduce your chances of getting an RFE.

  1. Wrong Employer Info

The fourth reason for an OPT RFE commonly occurs when F1 students are applying for the 24 month DEMO-OPT extension. What’s important about the STEM option is that unlike the initial post completion OPT where you don’t provide any information about your employer, in the case of the STEM-OPT, you’re going to be providing detailed information about your employer on the Form I-98320 Plan and also on the Form I-765.

One major mistake advertisers to make when applying for the 24 months DEMO-OPT Extension is using the incorrect name for the employer.

Most employers operate with DBA names, where DBA stands for “Doing Business As” and commonly these names are different from the actual legal name of the employer.

Another mistake here is that when F1 students are applying for the STEM-OPT Extension, they might use an incorrect E-Verify number for the employer. Without the correct name and E-Verify number of your employer, USCIS would be unable to determine if your employer is enrolled in the E-Verify program and would issue a request for evidence.

So to reduce your chances of receiving an OPT RFE for this reason, you should contact the Human Resource Department of your employer and request that they provide you with the correct evaluation E-Verify number and the correct legal name of the employer.

  1. OPT Reporting Issues

The fifth common and surprising reason why F1 students might receive an OPT RFE is when there are inconsistencies in your reported employment to the Department of Homeland Security.

If during the course of your STEM-OPT extension, USCIS find inconsistencies in your reported OPT employment, an RFE could be issued on your I-765 application.

When you engage in Optional Practical Training (OPT) you’re required to report any changes in your employment to the Student and Exchange Visitor Program (SEVP). Some examples of changes in your employment that you should be reporting are things like when you lose your job or you gain a new job, or when you change from one employer to the other.

If the Student in Action Register Program finds out that there are certain inconsistencies in your employment record, they might issue a request for evidence to make sure that you’ve not violated your status during the course of your OPT.

While the OPT or STEM-OPT RFE is a bummer, it sure does not mean that your application will be rejected. The silver lining here is that you get a 2nd shot to provide a water-tight application to USCIS. Thereby increasing your chances of receiving an approval on your I-765 application.

How to respond to an RFE

The first thing you need to do is to read and understand the reason why the OPT RFE was issued in the first place. And if this doesn’t make sense to you, you should reach out to your school’s designated school official and ask for clarification.

When responding to an RFE, you need to make sure that all the evidence you provide should be included in one single package and mailed to USCIS at the exact same time.

You are also required to submit this original RFE letter alongside the rest of your other supporting documents to USCIS. This original RFE letter should be the first page on the packets that you’re going to be mailing to USCIS.

Before sending this original RFE letter, it’s best to make a copy for your record. Also, when mailing your response to the OPT RFE, you should request a confirmation of delivery from your mailing service provider.

This way, you can track the status of your delivery and guarantee that you have an evidence to show that your OPT RFE response was delivered to USCIS in a timely fashion.

OPT RFE Processing Timeline

You will definitely like to know how long it takes for USCIS to process your response to your OPT RFE.

Usually, USCIS would state in your OPT RFE letter, the length of time that you can expect your OPT application to be processed after they have received your OPT RFE response and if your OPT application is not processed within this time frame, you may contact USCIS and request that they expedite the processing of your OPT application.

I hope you found this information helpful.

DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information presented in this guide should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

How to Replace a Lost or Stolen Employment Authorization Document (EAD) Card

How to Replace a Lost or Stolen EAD Card with USCIS: Do you have a lost/stolen EAD card, or you received an incorrect EAD card from USCIS? This article will explain how you can go about obtaining a replacement employment authorization document or the EAD card from USCIS if it was lost, stolen, damaged or contains incorrect information.

Make sure read this article to the end because you will get answers to seven frequently asked questions about replacing your employment authorization document card.

What is Employment Authorization Document (EAD) and its functions?

The Employment Authorization Document (EAD) card allows foreign nationals in the US to work temporarily and is issued by the United States Citizenship and Immigration Service (USCIS).

The employment authorization document, also called the U.S Work Permit, are given to certain foreign nationals who can work in the U.S only after receiving permission from USCIS.

The EAD card is also given to certain nonimmigrants in the U.S who have a pending Adjustment of Status application with USCIS.

What should I do if I lost my EAD card?

On some occasions, you might need to obtain a replacement EAD card from USCIS, and this could be the case if you find errors on your EAD card or your EAD card is lost, stolen, or destroyed.

In the event that you receive an EAD card from USCIS that contains incorrect information, or you find out that your EAD card is either lost, stolen or destroyed, you will need to obtain a replacement EAD card from USCIS.

BEST Tips to Replace a Lost EAD Card or Incorrect EAD Card with USCIS

Generally, you can go about replacing your Employment Authorization Document (EAD) card with USCIS under the following scenarios:

  1. Replacing an EAD Card Due to a USCIS Error

The first scenario is the case where you find an error on your EAD card and this error is the fault of USCIS. In this case, you won’t have to complete the new I-765 application and as a result, you don’t have to pay any additional application fees.

You would have to return the original EAD card containing the error and also present a letter explaining what the error is and provide supporting documents as to how the error could be corrected.

For example, let’s say you find out that your first name on your EAD card was spelled incorrectly, and in your letter you’ll like to point out that your EAD card contains a misspelled first name and also provide the biographical page of your international passport showing the correct spelling of your first name.

In this scenario where the arrow is caused by USCIS, you would have to send all these documents to the USCIS Service Center that approved your last EAD application.

  1. Replacing an EAD Card Due to the Applicant’s Error

The second scenario is the case where the arrow found on your EAD card is caused by your mistake and it’s not the fault of USCIS. In this scenario, you’ll be required to complete a new I-765 application and you have to pay the appropriate filing fee. Similar to how you went about completing the I-765 in your previous application, you would also have to provide supporting documents for the I-765 application.

These supporting documents will include two card passport photographs, a copy of the biographical page of your international passport, copy of your I-94 records, a copy of any previously issued employment authorization document cards, and other supporting documents.

In this application, you would also have to include the original EAD card containing the error that was caused by your mistake.

  1. Replacing a Lost/Stolen/Damaged EAD card

The last and final scenario is the case where your EAD card is either lost, stolen, or damaged. In this situation, you would have to complete a new I-765 application and also pay the required filing fees. You would also be required to provide supporting documents just like you did when completing the new I-765 application.

EAD Replacement FAQs

Let talk about some frequently asked questions that you might have when you find out that your EAD card is either lost, stolen or destroyed.

  • Do I need to inform my employer?

The first question is whether you should inform your employer that your EAD card has been lost or stolen. This is not necessary as you would have already gone through the I-9 verification process where your employer would have seen your EAD card and kept a record of your EAD card.

However, if your employer asks you to provide a proof of employment in the future, then you might have to let your employer know that your EAD card was stolen and you’re in the process of getting the replacement.

  • What can I do if I have to begin or start a new job and my EAD card has been lost or stolen?

In this case, because you have to go through a new I-9 verification process with a new employer, you would have to wait until your EAD card application has been approved and you’ve received your EAD card.

  • What do I do if I have to travel outside of the U.S and my EAD card has been lost or stolen?

In this case, it’s best to wait until you’ve received your EAD card before you consider traveling outside of the U.S. This is because depending on your nonimmigrant status, you might be required to be in possession of an EAD card whenever you try to re-enter the U.S.

  • How long does it take to get a replacement EAD card from USCIS?

Generally, if you’re applying for a replacement EAD card by completing the new I-765 application, then the wait time is exactly the same like someone who’s applying for the EAD card for the first time, and as you might have already experienced during your first EAD card application, the processing of your EAD application could take as long as six months.

  • Is there a way to expedite the processing of my replacement EAD card?

In certain circumstances, you might be able to speed up the processing of your EAD application with USCIS.

  • Is there a fee for the replacement of the EAD card?

The answer is simply yes. The only exception is when you find an error on your EAD card and this error was caused by USCIS.

  • What supporting documents do I need to provide when filing an application for a replacement EAD card?

Your supporting documents are going to be exactly the same as the supporting documents you provided when you were filing your initial EAD card application. For example, if you’re an F1 visa student you would have to provide supporting documents that show proof of your eligibility to work in the U.S.

This will usually be assigned from I-20 and endorsed for OPT.

I hope you found this article about How to Replace a Lost or Stolen EAD Card with USCIS informative. Thank you for reading.

How To Apply For OPT EAD for F1 Visa Students

Applying for your OPT could be a long and confusing process, but it doesn’t have to be after you finished reading this guide because you are going to learn how to apply for your OPT EAD in 5 simple steps, ensuring that your OPT application is completed and sent to USCIS as quickly as possible with all the required documents.

Optional Practical Training (OPT) and Steps to apply for OPT EAD

The Optional Practical Training (OPT) is a work authorization given to foreign students before or after the completion of their studies. If it’s given before the completion of their studies, it’s called the pre-completion OPT and if it’s given after the completion of your studies, it’s called the post-completion OPT.

This guide will focus more on the post completion OPT, which is the OPT that foreign students apply for, shortly before graduation.

So if you’re going to be applying for your OPT in the coming months, make sure to read this guide through to the end because it’s going to share with you some really helpful tips to guide you along the way.

5 Steps to apply for OPT EAD

These are the 5 simple steps to follow in order to apply for OPT EAD successfully:

  • Step #1: Gathering your supporting documents for the OPT EAD application.

These documents include: two passport colored photographs, a copy of your biographical page of your international passport, a copy of your most recent F1 visa, a copy of your most recent electronic I-94, and any previously issued employment authorization documents (EADs) that you’ve received.

Most importantly, there are specific requirements for your passport photographs. It needs to be taken within the last six months at the time of submitting your application. It also needs to be printed out on a two inch by two inch photo paper.

As for international passport, it’s best to have a passport with an expiration date of atleast six months at the time of submitting your application. This would significantly eliminate any chances of your application getting rejected because of an expired passport.

To get your electronic I-94, go to the US Customs and Border Protections website i.e www.cbp.gov

On the website you will scroll down and click on get your I-94 admission number and that’s going to bring you to the I-94 website. On this website, you’re going to click on Get most recent I-94, accept consent, and on this webpage, you’re going to enter your first name, date of birth, your passport number, and your passport country of Issuance when you click on next, that’s going to bring you to an electronic I-94, which you’re going to print out and add to your application packet.

Finally, if you’ve been issued an employment authorization document in the past, you want to make sure to make a copy of the front and back of your EAD card.

  • Step #2: Selecting/Choosing an Employment Start Date.

This tends to cause a lot of confusion to many applicants, especially when you do not already have a job offer at the time of applying for your OPT. Whether you have a job offer or not, your employment start date must fall within 60 days off your date of graduation.

If you do not already have a job offer at the time of applying for your OPT, select your start date within 30 days to 45 days after your date of graduation.

  • Step #3: Completing the Form I-765 and G-1145 applications.

This form could be downloaded from the United States Citizenship and Immigration Services website at www.uscis.gov. On this page, scroll down and download your Form I-765. You’re also going to download your Form G-1145.

These applications should either be typed out or filled out by hand in black ink.

How to fill form I-765

When completing your form, I-765, it’s critically important to pay attention to the expiration date of the form. This expiration date could be found on the top right hand corner of page number one. You always want to ensure that at the time of submitting your application, your expiration date of the form is not current.

On page number one, the instructions recommend that the form be Typed out on your computer or print it out and fill it out in black ink. Finally, once you’re done filling out your form I-765, print it out and sign the form on page number five of section seven. Ensure that your signature is completely enclosed within the box.

How to fill form G-1145

To fill out the form G-1145, you’re going to enter your name, an email address, and a phone number to allow the USCIS to notify you upon receiving your application.

  • Step #4: Obtaining approval from your university’s international student office or designated school official (DSO)

Some of the requirements in this step might vary from school to school, but generally the procedure remains the same and that involves having your designated school official (DSO) review all the documents that you’re going to be submitting towards your I-765 application.

In Step number four, your designated school official will review all your supporting documents from Step number One. You’re completed and signed Form I-765 from Step number three and might also require you to provide an official transcript from your register showing that you are on track and also in good standing to graduate.

You might also be required to provide a graduation letter from your Department confirming that you are also on track to graduate. You might also be required to complete an OPT Request form with your International office.

On this form, you’re going to enter your employment start dates as discussed in Step number Two.

Upon the successful review of your application, your DSO will provide you with an updated form I-20 endorsed on page number Two for your OPT, this OPT endorsement will have the employment start date of your choice.

You should review your OPT I-20 carefully for any discrepancies before signing on page number One.

  • Step #5: Mailing your OPT EAD application to USCIS

You should note that USCIS must receive your application packet within 30 days from the date your OPT Form I-20 was issued. In Step number five, you’re going to assemble the following documents,

  • All your supporting documents from Step number One,
  • Completed and signed Form I-765 from Step number three
  • A copy of your sign opt Form I-20 from Step number four,
  • A payment for the I-765 filing fee in the form of a check or money order,
  • A completed Form G-1145 that’s going to be clipped to the first page of your application package.

Find more about the current filing fee for USCIS application from the USCIS website.

Finally, you will mail your application to a USCIS lockbox facility based on your state of residence. Make sure to retain a tracking number from your mailing service provider.

You would need to keep a confirmation of the delivery provided by your mailing service provider for your records. In the event that your OPT application is misplaced by USCIS, this delivery confirmation of your OPT application to USCIS would come in handy.

BONUS STEPS:

Once your OPT application is received by USCIS, a receipt notice – called the I-797C – would be mailed to your address listed on the OPT application. This receipt notice would contain a Receipt number (also called a tracking number) that can be used to track the status of your case.

Under some unfortunate circumstances, USCIS might take a very long time (much longer than the typical processing time for OPT EADs) to adjudicate your OPT EAD application.

Questions you may ask and some useful answers to its.

Question: When applying for OPT with a dependent? Do I have to include the same documentation for the F2 dependent?

Useful Answer: Not with USCIS as the OPT is filed by the F1 primary applicant. F2 dependents don’t get any work privileges. When requesting OPT from your school, you would need to contact your DSO to update the I-20 for your dependents as well. This way their completion date would end when your OPT ends.

Question: What’s the best way to get a green card from a F-1 Student visa?

Useful Answer:

  1. Do a study in a marketable skills, start working in OPT, get h1b work visa sponsored, then get GC sponsored.

  2. Meet a US citizen spouse during your study. Get married and apply for GC.

Question: Do you think is necessary to add the I-20 from the dependent to the OPT documentation that is going to be sent to USCIS?

Useful Answer: Your dependent can’t work on OPT. You should submit the OPT is the primary applicant on an F1 visa.

Question: I graduate this December and I have a full-time offer. I would like to start as late as possible. Can I still apply 90 days before graduation and select my start date around February, within the 60 days framework?

Useful Answer: Yes, if you want to start late, you can choose the 60th date after graduation as your start date. But I will highly recommend you apply once your 90 day window opens, since you’re in a great spot having a full-time offer already.

Question: Could you please tell me the difference between program end date written on I-20 and graduation date? Is program end date would be considered as my graduation date?

Useful Answer: Yes in most cases the program end date on the I-20 will be the same as the graduation date. The one exception is for PhD students where their program end date on the Form I-20 would be the day they defend their PhD dissertation, which may not be the same as the date of the University’s graduation date.

Question: Could a graduate studies student apply for OPT? or is it strictly for undergrad students?

Useful Answer: Any F-1 student (undergraduate or graduate) can apply for OPT after completing 1 year of studies in their program.

Question: What will happen if my OPT card doesn’t arrive my OPT start date? How should I plan for that scenario?

Useful Answer: In the case that you have received a job offer and you were expecting to begin work on your OPT start date, the only thing you’ll have to worry about is informing your employer that you would not be able to start on the date you expected.

Apart from that, you need not worry about accruing unemployment days. You only start accruing OPT unemployment days after:

(1) You have physically received the OPT EAD card, AND

(2) The OPT start date listed on the EAD card has been reached.

Question: Can I file form I-765 (Post-Completion OPT) online instead of mailing it to the USCIS service center? Also, I have electronic I-94 record which shows my last entry and travel history but there is no admission stamp on my passport. Do I need electronic I-94 only or photocopy of my passport’s page having entry stamp on it is also necessary?

Useful Answer: You can file the OPT online, but only after you have obtained your Form I-20 approved for OPT from your DSO. The electronic I-94 printed from the CBP website is what you need to present.

Question: What happens when my passport is expired before then?

Useful Answer: You would need a valid passport when applying for OPT. You could get a new passport from your home country’s embassy or consulate in the US.

Question: If I enroll in a second degree and haven’t used up my OPT, can I carry it over and use it after completing my second degree?

Useful Answer: OPT has a Use it or Lose it policy. So unfortunately, it can’t be carried over. However, after completing your 2nd degree, you would have another OPT opportunity as well.

I hope you found this information very helpful.

Source: Sojourning Scholar

DISCLAIMER: This article and content is designed for general information only and is NOT legal advice. The information presented in this article should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

What To Expect After Filing F-1 OPT EAD Application with USCIS

Filing F-1 OPT EAD Application with USCIS: Every day there are thousands of applicants who are filing some type of immigration form to USCIS for the sake of claiming some type of US immigration benefit.

The challenge some of these applicants might have, especially when you’re a first time applicant is not known and what type of response that you’re going to get from USCIS, after submitting your immigration case.

In this article we will learn the different types of responses that you can expect from USCIS when tracking the status of your immigration case.

Filing F-1 OPT EAD Application with USCIS

Your immigration journey with USCIS begins at the moment you mail your application to USCIS. It’s usually recommend that when you mail your application to USCIS, you should request tracking information.

The reason you want to do this might be quite obvious because you want to monitor the status of the application. But it’s also very important to do this because in certain circumstances you might want your application to get to USCIS before a particular deadline.

A common scenario here tends to be the case of F1 students in the U.S who are applying for optional practical training with USCIS. Now, once you confirm the delivery of your immigration application to USCIS, it’s best that you save this confirmation of delivery in your records.

The reason why this is important is that just in case USCIS says that they did not receive the application, you can have an evidence to show that your application was submitted to USCIS.

In most cases, when you receive a confirmation of delivery from your mailing service provider, saying that your meal was received by USCIS, it’s more than likely that USCIS would have actually received the application.

It is quite rare to have circumstances where USCIS could lose your application after your mailing service provider has provided a confirmation of delivery of your application.

So it is safe to say that once you’ve received the confirmation of delivery from your million service provider, your waiting game with USCIS officially begins.

Form I-797 receipt notice

The very first response you’re likely to get from USA is a confirmation letter stating that your application for a particular immigration benefit was received. Now, this confirmation letter from USCIS is formally called a Form I-797 receipt notice, and it’s usually delivered by USPS regular mail.

When you get this receipt notice, the most important section of this notice is a receipt number that you can find on the top left corner of the form.

You are going to be using this receipt number moving forward to track the status of your immigration application with USCIS on the USCIS case status online, too.

On this receipt notice, you’re also going to find two important dates:

  • The first date is the notice date, which is essentially the day USCIS generated this letter to be mailed to you, and the second date is the received date, which is the day USCIS confirmed the receipt of your application.

Under normal circumstances, where USCIS might have a fairly typical processing time, it might take about four weeks for you to receive this receipt notice.

However, when USCIS has a severe backlog, it might take anywhere between six to twelve weeks to receive your receipt notice.

As a first time filer, your mileage might vary. For example, you might have someone who submitted the exact same immigration petition to USCIS that you’re submitting, and it takes them about four weeks to get a receipt notice while you have to wait longer than eight weeks to get your receipt notice.

Once you’ve got your receipt notice and you’ve found your receipt number, you can now start tracking the status of your immigration case using the USCIS website.

If you want to learn how to do that, checkout the post below that walks you through four best ways of tracking the status of your immigration case with USCIS.

Different types of USCIS immigration case updates you can expect after filing your F-1 OPT EAD application

Let’s go over the different types of case updates you might get when tracking the status of your immigration case with USCIS.

Once you’ve got your receipt number, if you enter this number into the USCIS case status quo, you’re going to see a case update that says “case was received.”

This is usually the first case updates on your immigration case. Now, one of the hang ups of the USCIS case status, too, that frustrates a lot of applicants is that the tool does not give you specific details on your immigration case, so it’s quite common to have a case update that says “your case was received” for several weeks until your immigration case is either approved or your immigration case is rejected or denied.

So if you keep checking the status of your immigration case on this tool, don’t be surprised to keep on seeing the update, “Case was received” for several weeks up until your application is approved or rejected.

Another case update you might get in this time period is the case update that says that your “case was transferred and the new office has jurisdiction.”

If you happen to get this case update, it simply means that USCIS has moved the application to another USCIS office simply because of a processing time issue. If this is the case, USCIS is also going to send you a letter in the mail explaining what new location your immigration application has been sent to and what you can expect to do if you have any further questions.

So from this point on, you’re only going to get the case update on the USCIS website if your application is either approved, rejected, denied, or if you receive a notice explaining that you need to provide further documents for your immigration application to be processed.

Using the example of someone who’s filed a Form I-765 for the Employment Authorization documents with USCIS. So if you file your form I-765 and you’ve checked your case status and it says that your case was received, the next steps you might get will be either if your case is rejected, denied, or approved.

Approved I-765

Let’s take the straightforward path that your application for your I-765 was approved. Well, what you can expect when you check your case status is that it’s obviously going to display that your case was approved, and within a few days you’re going to see another case update saying that a new card is being produced.

Once your case has been approved, you’re going to expect to receive another form I-797. Well, this time it’s going to be an approval notice explaining that your application for your employment authorization document (EAD) card was approved.

Unless it’s otherwise stated, this approval notice does not confer any immigration benefit to you.

So you would have to wait until you’ve received your employment authorization document card before you could begin working.

Card was delivered to me by the post office

Within a few days of USCIS producing your EAD card, you’re going to see a case update on the USCIS website saying that the card was mailed to you. And once this EAD card has been delivered to you, the case update is going to change to “the card was delivered to me by the post office.”

USCIS usually sends out EAD cards by USPS regular mail, so you should check your mailbox for your EAD card and also make sure to inspect this card closely, making sure that your biographical information, such as the spelling of your name and your date of birth, is correct on the card.

In the unfortunate circumstance that your application doesn’t go as smoothly from case was received to case was approved.

Some other types of case updates you might expect on the USCIS website or case updates like a request for additional evidence was mailed. Now, this is usually called an RFE

Once you respond to the request for evidence and USCIS receives a response, your case updates is going to change to response to USCIS request for evidence was received, and this is quite similar to the initial case updates that your case was received in the sense that you might have to wait for several weeks to receive another response from USCIS, which could be that your case was approved, rejected, or further evidence is needed.

Another case update you might get is an update that says that a notice explaining USCIS actions was mailed. Just like the case of the RFE, if you receive a case update like this, USCIS is going to send you a letter in the mail explaining the problems with your application, and will tell you what documents you need to provide so that your application will be processed.

A possible case update you could see on the USCIS website is the case update saying that your application was rejected.

This could be caused for a multitude of reasons. Sometimes it could be that you provided an application on a form that already expired, or sometimes it could be that you did not pay the right application fee.

For whatever the reason is in your rejection, USCIS is going to be providing a letter explaining the reasons why your application was rejected.

error: Content is protected !!