OPT Application Pending More than 90 Days (2024)

FAQs

OPT Application Pending More than 90 Days? ›

Applications Pending Longer than 90 Days from Received Date

You must be gainfully employed by the 90th day after the start date listed on your EAD Card. The total number of days allowed for unemployment while on post-completion OPT is a maximum of 90 days. I am applying/on a STEM OPT Extension (OPTX).

You can continue working & travel

Your work authorization is automatically extended for up to 180 days while the 24-month STEM OPT extension application is pending. The USCIS receipt notice is documentation of the extended authorization. You can travel during your pending or approved STEM OPT extension period.

Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing based on your position as a healthcare worker or a childcare worker with an EAD application that meets the above criteria.

USCIS indicates normal processing time for OPT applications to be up to 5 months, and expedites for “outside normal processing times” cannot be requested until an application has been pending at least 5 months. Official USCIS expedite criteria is available on the USCIS website.

Exceeding 90 days of unemployment may result in the termination of your SEVIS record as your unemployment is monitored by SEVP. See SEVP Portal for OPT Reporting for more details.

The 90-day limit refers to the maximum cumulative duration of your stay within any 180-day period. It does not require you to stay continuously for the full 90 days. This means that you can stay for a few days, then leave the Schengen area and enter again, as long as you don't overstay 90 days within a 180-day period.

Typically your OPT application will take 90 to 120 days to be processed by USCIS, but for a more detailed timeline for an OPT application and approval see Optional Practical Training (OPT). You must have your Employment Authorization Document (EAD) card before you can begin work.

Yes. though you can remain in the U.S. while your OPT is pending, even beyond the expiry of your grace period. Example: If your completion date is May 19, your grace period expires July 18, and you chose a start date of July 18 for OPT.

No! Once you complete your degree, you cannot work on campus or off campus until you have the EAD in your possession and your selected start date has arrived. Working before OPT has been authorized by USCIS constitutes illegal employment that will jeopardize your legal status in the United States.

What if I-765 is pending over 90 days? ›

Applicants who have not received a decision on their Form I-765 application after 90 days can call the NCSC to request expedited processing or go to their local office via an InfoPass appointment.

To solve that problem, USCIS uses the 90-day rule, which states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions.

How To Ask The USCIS For Expedited Processing. The first way to ask the USCIS for expedited processing is to call the USCIS Contact Center at (800)-375-5283. During your call, explain the reasons for your request. Also, you may have to call them many times to get your EAD expedited.

How long does it take to get approved for OPT? Typically 2-3 months from the date USCIS receive your application.

OPT APPLICATION (I-765) PENDING 75-PLUS DAYS WITHOUT ANY CHANGE IN STATUS. You may contact the National Customer Service Center (NCSC) at 1.800. 375.5283 to request that your case be elevated. This inquiry may help expedite the I-765 adjudication process, but it is not guaranteed.

As of April 1, 2024:

The Premium Processing fee to expedite OPT and STEM Extension I-765 applications increased from $1,500 to $1,685 as of February 26, 2024.

Unemployment Days: Your unemployment days start after your OPT start date on your EAD card. You get a total of 90 days of unemployment for the duration of post-completion OPT. While you are considered in valid F-1 status while unemployed, travel may be risky if you don't have a job offer or proof of employment.

You may apply for post- completion OPT up to 90 days before your completion date and the immigration service MUST RECEIVE your application PRIOR TO 60 days beyond your completion date. Your OPT I-20 cannot be more than 30 days old when it arrives at USCIS or OPT will be denied!

Each day (including weekends), during the period when OPT authorization begins and ends, that the student does not have qualifying employment, counts as a day of unemployment.

This may have serious immigration consequences. You may lose your immigration status, become ineligible to change your status to other employment-based immigration categories, such as H-1B status, or be denied visa applications in the future for failing to abide by the OPT rule 90 days.