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STAGE 3: WAITING FOR USCIS TO APPROVE STEM OPT EXTENSION APPLICATION

 

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

What is the 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.

 


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

  • Keep the original receipt notice in a safe place for your records.
  • Use the case number on the receipt notice to track the status of your application on the USCIS website.

 

Step 2: Wait For USCIS To Adjudicate Your Application

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

  • Processing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.

 


Can I work while my STEM OPT Application is still pending?

  • 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 before the end date on your initial 12-month OPT EAD card.
  • Your I-797C Receipt Notice serves as documentation of your pending STEM OPT Extension application. 8 CFR 214.2(f)(11)(I)(C) and 8 CFR 247a.12(c)(6)(iv)

 


Can I travel while my STEM OPT Extension Application is still pending?

 


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

  • A Request for Further Evidence (RFE) is a letter from USCIS requesting additional documentation for your application. This may happen when a document is missing from the application or when USCIS needs further clarification on the information presented in the application. Not all applications receive an RFE, but some do.
  • The RFE notice will explain exactly what documents USCIS needs from you. Your responsibility is to mail those documents back to them, following the instructions provided on the RFE.
  • If you would like assistance understanding your RFE, please email a copy of your RFE notice to iemployment@ucsd.edu .
  • You should respond to your RFE promptly, as it does add additional processing time to the adjudication of your application.

 


Can I cancel my STEM OPT Extension application?

  • Students may withdraw their application only BEFORE it has been approved by USCIS.
  • To withdraw your STEM OPT Extension application, mail a letter with your name, SEVIS ID number, case number for your STEM OPT Extension application, and a statement requesting to withdraw your application to USCIS.
  • If you are considering withdrawing your STEM OPT Extension application, be sure to speak with an ISPO advisor first, so that we can assist you with this process.

 


What do I do if I receive a Rejection Notice or a Denial Notice?

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

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

What is the I-797 Approval Notice?

  • USCIS will send you an approval notice (Form I-797) once they have 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 Notice”.

 


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

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

Step 4: Receive Your STEM OPT EAD Card from USCIS

About the STEM OPT EAD Card:

  • You should receive your STEM OPT EAD card shortly (within several days) after receiving your I-797 Approval Notice.
  • The EAD card serves as your proof of STEM OPT authorization and eligibility to work in the U.S.
  • Your employer may ask for a copy of your EAD card for their records.
  • Sample EAD card:

new-ead.jpg

 


 

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

  • If USCIS made an error on your STEM OPT EAD card, you can request a corrected card by following the instructions on the EAD webpage on the USCIS website.
  • Unlike receiving your original OPT EAD card, the replacement/corrected STEM OPT EAD card must be received in-person, and you will be required to present two types of ID (e.g. Passport, Driver’s License, School ID Card, etc.) to receive your document. Here are your options for receiving the STEM OPT EAD card in-person:
    • Receive in-person at the address listed on your I-765 form (question #3).
    • 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.”
    • 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 individual to receive your EAD Card (and all other mail) by completing the Postal Service’s PS Form 3801 Standing Delivery Order or PS Form 3801-A, Agreement by a Hotel, Apartment House, or the Like. You must submit the form to USPS before USCIS mails your corrected EAD card.

 


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

  • 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 STEM OPT EAD Card was lost in the mail, you will need to apply for the Replacement EAD Card by following the instructions on the EAD webpage on the USCIS website.
    • If the mailing error was not a USCIS error, you will need to pay the filing fee again.
    • Replacement EAD cards must be received in-person, and you will be required to present two types of ID (e.g. Passport, Driver’s License, School ID Card, etc.) to receive your document. Here are your options for receiving the STEM OPT EAD card in-person:
      • Receive in-person at the address listed on your I-765 form (question #3).
      • 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.”
      • 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 individual to receive your EAD Card (and all other mail) by completing the Postal Service’s PS Form 3801 Standing Delivery Order or PS Form 3801-A, Agreement by a Hotel, Apartment House, 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 Application is Pending with USCIS

What do I do if I change employers while my STEM 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 "Approved initial 12 month OPT (Pending STEM OPT Extension, has been received by USCIS)" OPT approval status option.
  • Fill out your request.
  • Upload a PDF copy of your current OPT EAD card.
  • Upload a PDF copy of your Form I-983 Training Plan (only pages 1-4) for your new employer.
  • Upload a PDF copy of your I-983 Final Evaluation (last page of Form I-983) from your previous employer, only if you will end this employment after your current EAD card end date.
  • "Submit" your request.
  • 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) asking for a copy of your updated I-20 with the new employer on it, as well as a new I-765 with the new employer’s E-Verify number on it. If you receive an RFE, follow the instructions on the RFE. If you need assistance with the RFE you can email a scanned copy of your RFE letter to iemployment@ucsd.edu , and make sure to include your name and PID in the email.

Traveling while Your STEM OPT Extension Application is Pending with USCIS

Can I travel while my STEM OPT application is pending with USCIS?

  • As noted by 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 United States in F-1 status during the STEM OPT extension period if they have a valid F-1 visa that permits multiple entries and a current Form I-20 Certificate of Eligibility endorsed for reentry by the DSO within the last six months. The student's status is determined by CBP upon admission to the United States or through a USCIS adjudication of a change-of-status petition" (preamble to the 24-month rule [81 FR 13103 par. 774]).
  • Students on OPT or STEM OPT are advised to plan carefully before leaving the U.S. ISPO advises to plan international travel while on approved STEM OPT, whenever possible.

 


What if my visa will be expired when I want 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 card has expired and whose STEM OPT extension is pending and has filed a timely I-765 for STEM OPT extension, and therefore whose EAD card is automatically extended for 180 days, may apply 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 form of their original I-797 receipt. As noted in the Federal Guidance: U.S. Department of State foreign Affairs Manual 9 FAM 402.5-5(N)(6)(e):
    • "As the STEM OPT extension is automatic for the first 180 days following regular post-completion OPT (when the student has properly filed Form I-765), the student may not 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 apply to renew their visa. However, F-1 students in this situation can request an updated I-20 from the DSO, annotated for the STEM OPT extension, as well as proof that the I-765 petition was filed in a timely manner.  You must confirm that the student's electronic SEVIS record contains the same information as the updated hard copy Form I-20 before issuing a visa."

 


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

  • Current passport – should be valid for at least 6 months after your reentry date.
  • Current F-1 visa – you may reenter the U.S. until the end date of your visa stamp.
  • Current I-20 – Must have a valid Travel Signature on page 2 of most recently issued I-20 with STEM OPT recommendation.
    • To renew your travel signature, see our Travel Signature Page. Travel signatures are valid for 6 months while on STEM OPT.
  • Your original OPT EAD card
  • Copy of I-797 receipt of pending STEM OPT
  • A job offer letter from your current employer (not required, but recommended).
  • You can also review our general travel and reentry page.