STAGE 3: WAITING FOR USCIS TO APPROVE OPT APPLICATION

While your OPT Application is pending, you will receive the following documents:

• I-797C Receipt Notice
  • USCIS will send a receipt (Form I-797C) within 30 business days confirming they received your application. If you do not receive this notice within 30 business days, contact USCIS Customer Service to confirm your mailing address.
  • COVID-19 note: Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices. For more information, see the USCIS Lockbox Updates web alert.
  • Your receipt will have a case number (beginning with three letters followed by 10 numbers).
  • Keep the original receipt for your records. This is the only way you can track your application at the USCIS Service Centers.
    
    

• I-797 Approval Notice
  • USCIS will usually send an Approval Notice within 90 days after receiving your OPT Application to confirm that your OPT request has been approved. USCIS will then process and mail the Employment Authorization Document (EAD Card).
  • Keep the Approval Notice for your records.

While your OPT Application is pending, you might receive the following document:

• Request for Further Evidence (RFE)
  • In some cases, USCIS may request additional documentation from you by sending a Request for Further Evidence (RFE). You will also receive an RFE if your application is not complete.
  • If you receive an RFE, please read the letter thoroughly. USCIS will explain why you are receiving the RFE and what documentation you need to provide. It is important that you reply to the RFE immediately to ensure that your OPT Application is still adjudicated.
  • Receiving an RFE will delay the processing time.

• On average, student's applications are adjudciated within 90-120 days.
• You can check current general processing times for the Form I-765 based on service center.
• You can also use your Receipt Number (found on your I-797C Receipt Notice) to track the status of your specific USCIS application.
• Note on the 60-day Grace Period: Students who have submitted an OPT Application with USCIS in a timely manner may remain in the U.S. after their grace period ends to await adjudication.

While your OPT Application is pending with USCIS, you are NOT eligible to do the following:

• Work on campus past the program end date on Page 1 of your OPT I-20.
• Work off campus past the CPT end date and program end date on Page 1 of your OPT I-20.
• Work without receiving pay in a position that should receive payment (different than volunteer opportunities).

However, you can do the following:

• Participate in volunteer opportunities
• Research industries/companies and apply for employment positions.
  • See below

There are many resources to help you find a job for OPT, such as those below:

• GoinGlobal: provides information on companies sponsoring H-1B visas, work permit & visa requirements, and job/internship postings. Access: initial access through Handshake, under Career Center and selecting Resources from the drop down menu.
• The Career Center on campus has experienced advisors to help you find a job in your field of study!
• See resources from both ISPO and the Career Center on our "How to Find Internationally Friendly Employers" webpage.

If you want to start a new academic program at another school while your OPT Application is pending with USCIS:

• Transfer your SEVIS record to a new institution to begin a new program of study.
• If your OPT Application is still pending, it is advised that you withdraw/cancel your application with USCIS. Keep documentation of your withdrawal to show that your intentions changed during the pending decision period of your OPT Application.
• To initiate the transfer, review and submit a SEVIS Record Transfer Request in iPortal. 
• You must begin instruction at your new institution within 5 months of your SEVIS Release Date.

If you want to start a new academic program at UC San Diego while your OPT Application is pending with USCIS:

• Submit a Change of Program Level I-20/DS-2019 Request in iPortal.
• Talk to an ISPO Advisor to learn the timeline.

While your OPT Application is pending with USCIS, you are advised not to travel outside of the U.S.

• Here are two potential scenarios:
  • Scenario 1: Zhe has mailed her OPT Application to USCIS. Her program completion date is still in the future. She decides to go to Mexico with friends for an extended weekend trip. Zhe is able to reenter the U.S. without a problem because her current I-20 end date is still in the future. However, the OPT Application that is pending with USCIS contains her I-94 (reentery document) and an I-765 with reentry information. This reentry information is no longer current and correct. Zhe may receive an RFE which could prolong the adjudication of the application.
  • Scenario 2: David has mailed his OPT Application to USCIS and he has already completed his academic program. To celebrate his graduation, he flies home to Australia to visit friends and family. If David tries to reenter the U.S., he will likely have problems at the port of entry. David’s I-20 reflects his program end date, which is in the past. Without the EAD card showing OPT approval, the officer at the port of entry may not allow David to reenter the U.S., even if he has the receipt notice.
  • If you need to travel outside of the U.S. while your OPT Application is pending with USCIS, talk to an ISPO Advisor.

If you need to withdraw your OPT Application, please review the following scenarios:

• Delays in Completing Academic Program at UC San Diego: To authorize post-completion Optional Practical Training, your I-20 was shortened to reflect your new program end date. If you cannot complete your program on time, you must meet with an ISPO advisor immediately.
• Cancelling OPT Application: Students may cancel their application as long as it has not been approved by USCIS. Contact USCIS directly and provide your case number (on your Receipt Notice). All cancellations must be in writing and mailed to USCIS. If you need to cancel your application, please contact ISPO immediately so we can assist you with this process. Once an EAD card is issued, the OPT cannot be cancelled so please plan accordingly.

• If your application has been denied or rejected by USCIS, please email  iemployment@ucsd.edu  as soon as possible and attach a copy of your rejection letter or denial notice. As always, please also include your PID number in your email.
• If your I-765 is denied, the duration of your legal F-1 status reverts to being defined as lasting through the I-20 program end date plus 60 days of grace period. If you are still within the grace period, you may stay in the U.S. for the remainder of the 60 days and you may still have the opportunity to submit a new OPT Application.

Receiving Your EAD Card

When you receive your EAD card, your employer will request a copy for their records to verify your eligibility to work in the U.S.

If you receive your EAD Card and there is an error, follow these steps:

• Reference the Employment Authorization Document webpage on the USCIS website regarding applying for a Replacement EAD Card.
  
  • As of April 30, 2018 it is required that all Replacement EAD Cards be received in-person. You have the following options:
    1. Receive in-person at the address listed on your I-765 form (question #3).
    2. Arrange in-person pick up at the nearest post office by going to the USPS website, creating a USPS Informed Delivery Account, and selecting “hold for pickup.”
    3. 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.
    4. Without the “c/o,” designate an individual to receive your EAD Card (and all other mail) by completing the Postal Service’s PS Form 3801, Standing Delivery Order (PDF) or PS Form 3801-A, Agreement by a Hotel, Apartment House, or the Like (PDF). You must submit the form to USPS before your EAD Card is mailed.

Note that all options require individuals to present two types of ID (e.g. Passport, Driver’s License, School ID Card, etc.)

If you do not receive your EAD Card in 90 days, follow these steps:

• Submit the USCIS e-request for "Outside Normal Processing Time" on the USCIS website. As the applicant, you are also able to contact the USCIS Customer Service Center using the phone number on your Receipt Notice.
• If your EAD Card was lost in the mail, you need to apply for the Replacement EAD Card. Please reference the Employment Authorization Document webpage on the USCIS website. If the mailing error was not a USCIS error, you will need to pay the filing fee again.
  • As of April 30, 2018 it is required that all Replacement EAD Cards be received in-person. You have the following options:
    1. Receive in-person at the address listed on your I-765 form (question #3).
    2. Arrange in-person pick up at the nearest post office by going to the USPS website, creating a USPS Informed Delivery Account, and selecting “hold for pickup.”
    3. 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.
    4. Without the “c/o,” designate an individual to receive your EAD Card (and all other mail) by completing the Postal Service’s PS Form 3801, Standing Delivery Order (PDF) or PS Form 3801-A, Agreement by a Hotel, Apartment House, or the Like (PDF). You must submit the form to USPS before your EAD Card is mailed.

Please note that all options require individuals to present two types of ID (e.g. Passport, Driver’s License, School ID Card, etc.)

If you receive your EAD Card but do not receive your requested Social Security Card:

If you request a social security card on your I-765 and receive your EAD card, but do not receive your Social Security card within 7 days of the EAD card, please contact the Social Security Administration at https://www.ssa.gov/agency/contact/