07/29/10
Eligible Participants May Automatically Extend F-1 OPT
Employees with F-1 Optional Practical Training (OPT) work authorization may have their work authorization automatically extended to October 1, 2010 if the sponsoring employer has filed an H1B petition which was accepted for processing by USCIS. For example, if an employee's F-1 OPT expires on May 22, 2010, that employee's work authorization will be automatically extended to October 1, 2010 if the employing company has filed an H1B petition for the employee and it is accepted for processing.
This new rule also solves the problem of employees whose F-1 OPT status will expire before their pending H1B petition grants them H1B status valid from October 1st. Generally, those employees must depart the U.S. and wait until late September to apply for an H1B visa and reenter the U.S. to return to work. Under this new rule, eligible participants will have their OPT automatically extended to October 1st eliminating the need to stop work and depart the United States to wait for a visa.
Certain students on F-1 Optional Practical Training may extend their OPT from 12 to 29 months. To qualify, F-1 students must have a degree in science, technology, engineering or mathematics (STEM) and be employed by businesses enrolled in USCIS free on-line E-Verify program.