How to cancel the OPT request, OPT application withdrawal process

How to cancel OPT request & OPT application withdrawal process

The first thing that I confirm with OPT applicants during the Post-graduation OPT meeting is the graduation date. This is because I have seen quite a lot of students who fail to graduate on time and students had to go through the OPT withdrawal process. When students attempt to cancel/ withdraw the OPT application, there are several factors to consider – What is my OPT status? Has the program end date reached yet?

If a DSO recommended the OPT in the student’s SEVIS record but the student changed her or his mind before shipping out the OPT application, the student can ask to “cancel” the request. Then DSO will go ahead “cancel” the OPT request. On the other hand, if the applicant already shipped out the OPT application to the USCIS, the student needs to “withdraw” the application. Please note the difference here. When you cancel the OPT request, you don’t lose anything as you haven’t sent the application including the payment. However, when you withdraw the OPT application, you can’t get a refund back and there are certain documents you need to prepare.

As different scenarios require different action plans, I am going to discuss the OPT application withdrawal process for three different scenarios. At the end of the blog post, you will learn how to withdraw your OPT application step by step.

Related blog post: 7 Require documents for OPT Application

Contents


Scenario 1: Before the program end date and before OPT gets approved

How do you know if your OPT application is pending or approved? You can do so by going to USCIS Case Status Online. When USCIS has received your OPT application, you will be given the Form I-797C, Notice of Action. It says the reference number which you can use to look up your OPT status from the USCIS Case Status Online. Your DSO can check your OPT status in SEVIS too.

Now, if your OPT request hasn’t been approved and if you figured that you can’t graduate on time, you should reach out to your DSO (Designated School Official) as soon as possible. Your DSO can cancel your OPT request and extend your program end date if you meet the program extension requirement. In the meantime, the applicant should withdraw the application which will be discussed below (click OPT withdrawal process under the Contents section).

Related blog post: What happens to OPT if I fail to graduate on time?

Form I-797C, Notice of Action
Form I-797C, Notice of Action
USCIS Case Status Online
USCIS Case Status Online

Scenario 2: Before the program end date and after OPT gets approved

If the Case Status Online says your OPT request is approved, but you need more time to graduate, there are two options for you. The first option is not withdrawing your OPT. Instead, the student can work part-time during the semester and engage in full-time employment when the semester is over. Because your OPT application is not withdrawn for this option, unemployment days will be accumulated from the OPT start date unless you find an employment opportunity. Another thing to consider for this option is that the time you use with part time OPT or full-time OPT will be subtracted later when you re-apply for the Post-graduation OPT. For more details, click the related blog post below.

Related blog post: Must-know 4 eligibility for student visa OPT

The second option is to submit the request to revoke the decision. The immigration regulation 8 CFR 274a.14(b) outlines the revocation of employment authorization and it says the decision will be made by USCIS which can’t be appealed. Again, to see the step by step guide to withdrawing the OPT application, please go to the OPT withdrawal process section.

8 CFR 274a.14(b)
8 CFR 274a.14(b)

Either way, you should reach out to your DSO to extend your program end date to reflect the new graduation date.


Scenario 3: Withdraw the OPT application after the program end date

As a DSO, this scenario is the worst. F-1 visa holders, whose program end date has come, have 60 days of grace period from the program end date. When students are in the grace period there are two options that can be made in SEVIS- transfer the SEVIS record or change the education level (from Bachelor’s to Master’s, from Master’s to Doctoral’s). Therefore, if the student finds out that he or she cannot actually graduate while in the grace period, the program end date cannot be extended. In this case, the student and DSO should go through the reinstatement process which is not a simple process by any means.

Once the reinstatement is approved, the student’s program end date can be extended. From there, options are the same as scenario 2: the student can withdraw the OPT application or engage in OPT part-time during the semester or full time while the semester is over.


OPT withdrawal process

If withdrawing the OPT application seems the best option for you, you can send the OPT withdrawal request via fax, e-mail or mail. As you did with the OPT application, you need to assemble required documents and send it to USCIS Service Center. The USCIS Service Center information can be found at the bottom of the receipt I-797C. Below is the list of required documents you need to prepare for the OPT withdrawal request.

USCIS Service Center on the I-797C
USCIS Service Center on the I-797C

Sending the OPT withdrawal request via mail or fax

NAFSA (NAFSA: Association of International Educators) recommends to write a letter that has the following information and send it to USCIS Service Center. The student needs to put the signature on the letter.

  • Write “Re: I-765 Withdrawal” on the letter
  • Students name, date of birth and SEVIS ID number
  • Reference number on the OPT receipt (I-797C, you can also send a copy of the form I-797)
  • Details of why the OPT needs to be withdrawn
  • Student’s signature

Sending the OPT withdrawal request via e-mail

Similarly, NAFSA recommends to write an email that has the following information. The student, not DSO, should send the email to USCIS.

  • Email title should be “I-765 Withdrawal”
  • Students name, date of birth and SEVIS ID number
  • Reference number on the OPT receipt (I-797C, you can also send a copy of the form I-797)
  • Details of why the OPT needs to be withdrawn
  • Student’s signature

SEVIS SAVVY Tip: The OPT withdrawal process can be different based on the USCIS Service Center. Therefore it is recommended to reach out to the USCIS Service Center on your I-797C and double-check the OPT withdrawal process.

In this blog post, how students can cancel or withdraw the OPT request is discussed. As you can see it is not a simple process and you need to consider many factors. Therefore, if you are planning to apply for OPT, check with your advisor again to confirm the graduation date. This simple step will be great for your mental health.

All other scenarios where OPT applicants can encounter can be found on OPT page. If you are planning to apply for the STEM OPT program, check out the STEM OPT page as well.

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