Work Authorization for F-1 Students. “Maintaining” status“Maintaining” status F1 Practical TrainingF1 Practical Training.

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Presentation transcript:

Work Authorization for F-1 Students

“Maintaining” status“Maintaining” status F1 Practical TrainingF1 Practical Training

“Maintaining your status” To maintain valid status F1 students must: Enroll full timeEnroll full time Update your address when you moveUpdate your address when you move Keep your documents valid: extend I-20!Keep your documents valid: extend I-20! Do NOT work off campus without authorizationDo NOT work off campus without authorization

F1 Off Campus Work Authorization After being enrolled full time for 1 full academic yearAfter being enrolled full time for 1 full academic year Practical Training in your field of studyPractical Training in your field of study –Curricular Practical Training –Optional Practical Training

F1 Curricular Practical Training (CPT) Must receive academic credit in a courseMust receive academic credit in a course Or work must be a required part of degree program (must be stated in the published description of the degree requirements)Or work must be a required part of degree program (must be stated in the published description of the degree requirements)

F1 CPT Timing Issues May only be used before graduation, while still in degree programMay only be used before graduation, while still in degree program Usually, students work full time in summer and take a course in the fallUsually, students work full time in summer and take a course in the fall CPT will NOT effect OPT unless you have 12 full months of full time CPTCPT will NOT effect OPT unless you have 12 full months of full time CPT

F1 CPT Application Procedures Must have job offer in order to applyMust have job offer in order to apply Go to our CPT web site and download app: r.phpGo to our CPT web site and download app: r.php r.php r.php Complete application—have academic advisor sign off on it, and Bring completed application to the ISSO at least two weeks before you start workingComplete application—have academic advisor sign off on it, and Bring completed application to the ISSO at least two weeks before you start working MUST get work authorization prior to working!!MUST get work authorization prior to working!!

F1 CPT Authorization ISSO Advisor will issue you a new I-20 with work authorization on page 3ISSO Advisor will issue you a new I-20 with work authorization on page 3

F1 Optional Practical Training (OPT)

After being enrolled full time for 1 academic yearAfter being enrolled full time for 1 academic year Practical training in your field/majorPractical training in your field/major Not employer-specific so you may change jobs during that yearNot employer-specific so you may change jobs during that year You are still in F1 status while on OPTYou are still in F1 status while on OPT

F1 OPT Timing Issues 12 months total per degree level (but not cumulative)12 months total per degree level (but not cumulative) May be used before you graduate or after graduationMay be used before you graduate or after graduation Time used before graduation is deducted from the 12 monthsTime used before graduation is deducted from the 12 months There are two ways to extend OPT beyond the 12 monthsThere are two ways to extend OPT beyond the 12 months

F1 OPT Application Procedures: Apply Early Do NOT need job offer to applyDo NOT need job offer to apply Pick up application from ISSO or download from our web site.Pick up application from ISSO or download from our web site. Bring completed application to the ISSO. We will create a new I-20 and you will send your application to USCIS.Bring completed application to the ISSO. We will create a new I-20 and you will send your application to USCIS.

F1 OPT Application Procedures: Apply Early For POST-completion OPT, you CAN apply: –No more than 3 months ahead of graduating –No later than 60 days past graduating –Not more than 120 days before the start date you choose –The OPT cards may take 2-3 months to come to you

May not start working until you receive the EAD cardMay not start working until you receive the EAD card And may not start working until the start date listed on the EAD cardAnd may not start working until the start date listed on the EAD card

Program end date 05/24/ day grace period 7/24/2015 You choose your OPT start date—any day within the 60 days after you complete program Example: 7/1/ months OPT Apply no more than 3 months before you graduate, Not earlier than 120 days before your chosen start date, And no more than 60 days after graduation! Also must send app within 30 days of getting I-20 from the ISSO 6/30/2016 Apply 3/1/2015 Your OPT Time-Line

As you near the end of your OPT, there are two possible ways to extend your OPT time:As you near the end of your OPT, there are two possible ways to extend your OPT time: “STEM” extension (Science, Technology, Engineering or Math), or “STEM” extension (Science, Technology, Engineering or Math), or “H1B Cap Gap” extension “H1B Cap Gap” extension Extending OPT?

If you graduate in a “STEM” field (Science, Technology, Engineering or Math—more detailed list is available on our website)If you graduate in a “STEM” field (Science, Technology, Engineering or Math—more detailed list is available on our website) AND, your employer is enrolled in the “E- Verify” programAND, your employer is enrolled in the “E- Verify” program You will be eligible to apply for a 17 month extension of your F-1 OPT (may only apply for this within 3 months of the end date of your first 12 month period of OPT)You will be eligible to apply for a 17 month extension of your F-1 OPT (may only apply for this within 3 months of the end date of your first 12 month period of OPT) One Time 17 month extension of OPT

May only apply for this within 3 months of the end date of your first 12 month period of OPT)May only apply for this within 3 months of the end date of your first 12 month period of OPT) “one time” meaning you can only get this 17 month extension once… if you go back to school for a higher degree, you will have 12 more months of OPT but not another STEM extension“one time” meaning you can only get this 17 month extension once… if you go back to school for a higher degree, you will have 12 more months of OPT but not another STEM extension One Time 17 month extension of OPT

If you are on OPT,If you are on OPT, and your employer applies for an H1B for you,and your employer applies for an H1B for you, And you get a receipt notice or an approval noticeAnd you get a receipt notice or an approval notice And your OPT ends prior to October 1 stAnd your OPT ends prior to October 1 st Your OPT will be AUTOMATICALLY EXTENDED until October 1 st of that yearYour OPT will be AUTOMATICALLY EXTENDED until October 1 st of that year H1B Cap Gap Extension

You will be required to notify us of the following information while you are on OPT:You will be required to notify us of the following information while you are on OPT: your residential address your residential address your employer’s name and address your employer’s name and address your start and end date of every job your start and end date of every job Reporting Requirements while you are on OPT

If you get the 17 extra months of OPT, you will be required to provide additional information:If you get the 17 extra months of OPT, you will be required to provide additional information: job title and your address job title and your address supervisor’s name and contact info supervisor’s name and contact info 6 month updates of everything 6 month updates of everything Reporting Requirements while you are 17 month extension of OPT

Only allowed a total of 90 days of unemployment on 12 months of OPTOnly allowed a total of 90 days of unemployment on 12 months of OPT Only allowed a total of 120 days of unemployment if you get the 17 month extensionOnly allowed a total of 120 days of unemployment if you get the 17 month extension Limit on days you can be unemployed!

Unpaid employment counts !!! (can be part time = 20 hours per week) e.g. research for your advisor!!!!Unpaid employment counts !!! (can be part time = 20 hours per week) e.g. research for your advisor!!!! “Self” employment counts“Self” employment counts What counts as Employment?

F1 OPT & TRAVEL ONCE YOU HAVE APPLIED: Can travel out of U.S. at spring break and re- enter with usual F1 documentsCan travel out of U.S. at spring break and re- enter with usual F1 documents After graduation or close to graduation, you MUST have either the OPT card OR the receipt notice for your OPT applicationAfter graduation or close to graduation, you MUST have either the OPT card OR the receipt notice for your OPT application AND proof of employment in ADDITION to all the usual F1 travel documentsAND proof of employment in ADDITION to all the usual F1 travel documents

F1 OPT & TRAVEL Documents required for travel while on Post- completion OPT: valid passportvalid passport current unexpired F-1 visa stamp (Getting a new F-1 visa can be a challenge on OPT!)current unexpired F-1 visa stamp (Getting a new F-1 visa can be a challenge on OPT!) I-20 signed within the last 6 monthsI-20 signed within the last 6 months EAD (OPT card) or receipt noticeEAD (OPT card) or receipt notice job offer letter or letter confirming current employmentjob offer letter or letter confirming current employment

F1 OPT extensions & TRAVEL Traveling while on the STEM extension… wait until you receive your extended OPT card Travel while on the OPT “cap gap” extension… very complex and need to discuss the specific situation with your employer and Cornell at that time…

F1 OPT & TRAVEL DO NOT re-enter U.S. as a TOURIST (B1/B2 status) or any other visa status, or your OPT will be invalid! MUST ENTER AS F-1 STUDENTMUST ENTER AS F-1 STUDENT

The longer path: come to “Visas After Graduation” held by the ISSO every semester H1B questions?H1B questions? H1B Basics:H1B Basics: –6 years –Employer specific –Portable –Dual intent U.S. Permanent ResidenceU.S. Permanent Residence

International Students & Scholars Office B-50 Caldwell Hall Hours: Mon, Tues, Thurs, Fri: 9:00-4:30; Wed: 1:00-4:30 On the web: By