My STEM OPT is in pending and my EAD end date is near

If you are a STEM (Science, Technology, Engineering, and Math) major graduates, you can get a 24 months extension on your OPT. This will allow you to work and stay in the U.S. for a total of 3 years after you graduate from college. Let’s say you are in initial OPT and you have worked in the E-verified company and the position is directly related to your major. Before your initial OPT ends, you reached out to your international student advisor for the updated I-20 with STEM OPT recommendation and you finally submitted the application to USCIS.

What if your OPT is about to expire but your STEM OPT application status is still pending? Here I am going to explain what should you do when your STEM OPT is pending but your EAD card’s end date is approaching.

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting the confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case study scenario
• The answer based on the regulations is…
• Is the automatic 180 days extension part of 24 month STEM OPT period?
• What if STEM OPT applications pending for more than 180 days?

Case study scenario

My STEM OPT is in pending and my initial OPT expires in a month. Should I stop working until I get the result? What should I do?

The answer based on the regulations is:

If you filed properly, your employment authorization will be automatically extended for 180 days. USCIS (U.S. Citizenship and Immigration Services) says the following:

If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.

Optional Practical Training Extension for STEM Students (STEM OPT) by USCIS

For this same period, such Form I-766 or successor form is automatically extended and is considered unexpired when combined with a Certificate of Eligibility for Nonimmigrant (F-1/M-1) Students, Form I-20 or successor form, endorsed by the Designated School Official recommending such an extension

8 CFR 274A.12(B)(6)(IV)

Therefore, if you have filed the STEM OPT extension application on time, which is within 60 days of the DSO’s recommendation in SEVIS, and before the expiration of the student’s post-completion OPT, you are eligible for the automatic 180 day extension.

Is the automatic 180 days extension part of 24 month STEM OPT period?

Yes, based on 8 CFR 214.2(f)(11)(iii)(A), regardless of the date that the extension is approved, 180 days will be counted toward the 24 months.

The employment authorization period for a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section begins on the day after the expiration of the initial post- completion OPT employment authorization and ends 24 months thereafter, regardless of the date the actual extension is approved.

8 CFR 214.2(f)(11)(iii)(A)

What if STEM OPT applications pending for more than 180 days?

If a STEM OPT application is still pending more than 180 days beyond the expiration of the student’s regular or cap-gap OPT, the student must stop working. Employment after day 180 is not authorized under 8 CFR 274a.12(b)(6)(iv) if USCIS has not adjudicated the STEM OPT application by day 180.

Therefore, you can let your HR know that you can still work up to 180 days from the initial OPT end date while the STEM OPT application is pending. Sending the USCIS link will be helpful for their understanding. Hope you hear back good news on your STEM OPT!

All STEM OPT information that STEM OPT applicants must know can be found on the STEM OPT page- make sure you don’t miss out on any important STEM OPT information!