Regardless of what they studied, one of the common needs of international students might be finding an employer who is willing to sponsor them after OPT/ STEM OPT.
If the employer is willing to sponsor the H-1B, it is usually recommended to start the process as soon as they can since the processing takes several months. Also, it is important to maintain legal status to work in the United States until they receive the H-1B visa/stamp.
Then, what if the student’s OPT is ending while the H-1B application is still in processing? Let’s take a look at the case scenario and find out!
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Case study scenario
Q: My company is willing to sponsor my H-1B visa, and my H-1B application is being processed. While waiting to hear back, my OPT is ending soon, so I need to apply for STEM OPT to continue to legally work in the United States. When I reached out to the International Student Advisor (DSO) at my college, I was told that they don’t see an option to issue a STEM OPT I-20 since my H-1B application is in processing. Can I continue to work after the OPT end date? What should I do?
The answer based on the SEVIS Help Desk
In this case, the student still needs to complete Form I-765, Application for Employment Authorization to apply for STEM OPT extension as long as they are eligible for STEM OPT.
Related blog post: How to file Form I-765 online for OPT, STEM OPT
If you already completed Form I-765 once for initial OPT participation, you would know that one of the required documents to submit when applying for OPT is the OPT-recommended Form I-20. Likewise, STEM OPT applicants are required to submit the STEM OPT-recommended Form I-20.
Related blog post: STEM OPT eligibility, process, required documents
Given that the DSO (International Student Advisor) could not recommend STEM OPT for the student in SEVIS, what they can do is draft a letter on the office letterhead. In the letter, they can explain that the student’s H-1B application is in processing and that’s why they couldn’t recommend STEM OPT for the student.
They can also include that the student meets the STEM OPT eligibility and that the university/college would like to support the student’s STEM OPT participation. DSOs are also encouraged to issue signed I-20s and have the student sign the I-20 before submitting it for STEM OPT application.
Note that this I-20 could look different than previously issued I-20s. This is because SEVIS and CLAIMS, which is the system for the H-1B application, are integrated. Once the H-1B application proceeds further, the I-20 could be automatically updated with a Change of Status remark. To learn more about CLAIMS, check out the following related blog post.
Related blog post: Cap gap OPT that bridges OPT and H1B
Upon receipt of the letter and newly issued I-20, the student can submit this supporting letter along with the I-20 and other required documents to successfully file the STEM OPT application.
To make sure this is your case, if you believe that you are in this situation, ask your advisor and they can call the SEVIS Help Desk. By consulting with the SEVIS Help Desk, your advisor will be able to confirm how they need to proceed to support your STEM OPT application.
Hope this article sheds some light. If you found this article helpful, check out other case studies on the Work Visa page.
Related blog post: Important STEM OPT reporting requirements
