Do You Have To Be In The US To Apply For OPT?

by | Last updated on January 24, 2024

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Do you have to be in the US to apply for OPT?

You must be in the U.S. to apply

. You will not be eligible to apply for OPT if you are outside of the U.S. at the time of application. You are eligible for 12 months OPT per education level.

Can I apply for OPT outside the US?

You must be physically present in the US at the time you submit your OPT application. Current guidance from US Immigration and Customs Enforcement provides no confirmation that

applying from outside the United States is permissible

despite the COVID-19 pandemic.

Can I be in the US while waiting for OPT?

IMPORTANT NOTE:

A student can travel outside the U.S. while an OPT application is pending as long as they re-enter the U.S. before their program completion date

.

What are the requirements of OPT?

Is it hard to apply for OPT?


The application process for OPT is not difficult, but it takes time

. Right now OPT cases are taking close to 5.5 months to be processed by the United States Citizenship and Immigration Services (USCIS).

Can you apply for EAD from outside US?


EAD can only be filed from within the U.S.

and is filed by the . The petition is filed by the employer and the employee can be in the U.S. (change of status or extension of status) or abroad (visa to be picked up at US Consulate).

How long can I stay outside USA on OPT?

Post-completion and STEM OPT: You are eligible to travel abroad on a temporary basis (

less than 5 months

) and re-enter the U.S to continue employment.

Can I apply for OPT While waiting for green card?


You should be able to apply for I-765 OPT with no problem at all

. Having pending I-485 and I-765 through family does not affect your F-1 status, and having them does not automatically revoke your F-1 status.

Can I travel on OPT without a job?

While your OPT application is pending,

you are not required to have a job or a job offer for re-entry to the U.S.

If a student who has an EAD card but does not have a job or a job offer leaves the US during the post-completion OPT period, OPT ends.

Can OPT be denied?

Normally,

if your OPT/STEM OPT Extension is rejected, you must file a completely new application withUSCIS

. If the application is rejected after your filing deadline (the end of the 60-day grace period for OPT; end of the OPT EAD for STEM OPT) refiling would normally be denied.

How long does OPT take to get approved?

Generally, it can take

up to 90 days

after the application is received by USCIS to be approved. Often, the time is less than that (maybe around 60 days) but a student should always apply 90 days before graduation if possible.

Is OPT getting Cancelled?

Synopsis.

The American Tech Workforce Act of 2021, proposed in the US House of Representatives, calls to end the Optional Practical Training (OPT) program

as it mostly benefits big tech cos by providing tax breaks and allowing them to hire workers at a lower cost.

Can I work before OPT is approved?

If you are authorized to participate in pre-completion OPT,

you may work (20 hours or less per week) while school is in session

. You may work full time when school is not in session.

Can I apply for EAD from India?

Can I file H4 EAD from India?

You cannot file an H4 EAD application from India

. You should be physically present in the USA at the time of filing the H4 EAD application.

Can I travel internationally while waiting for EAD?

Approved OPT Application


If your OPT has been approved, and you have your EAD card, you can travel internationally

. You can re-enter the U.S. in F-1 status before the start date or after the start date of your EAD card.

Can I travel to India on OPT?


If your OPT is approved, you may travel if:


You have a valid passport and F-1 visa

.

Proof of employment/training

.

I-20 endorsed by your DSO for travel

.

What happens if I stay more than 6 months outside US?

If you are abroad for 6 months or more per year,

you risk “abandoning” your green card

. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.

How can I stay in USA after f1 visa?

  1. OPT – Optional Practical Training. Certain science, technology, engineering, and math (STEM) fields, qualify for a two-year extension of OPT. …
  2. Apply for a Non-Immigrant Work Visa. …
  3. Apply for a Green Card.

Does OPT need sponsorship?

Is OPT considered F-1 status?


OPT (Optional Practical Training) is a benefit available to international students in F-1 immigration status who are enrolled in, or completing, a degree program in the United States

. This employment can be used: Before completion of studies during an annual vacation or leave term. After completion of studies.

How long does it take for OPT to be approved 2022?

Processing times vary greatly, but you should expect USCIS to take about

90-120 days

to approve your STEM OPT Extension application.

Why was OPT rejected?

Below are some of the most common reasons applications have been denied:

Didn't mail the application within 30 days of getting the OPT recommendation

. Applied more than 90 days before end date of the program of study. Didn't apply before the 60th day after completion of the program of study.

Is OPT guaranteed?

Why would an EAD be denied?

Reasons for Denial of Work Authorization

The first and most common cause of denial is

missing, incomplete, or inaccurate information in your Form I-765 submission

. For instance, submitting your I-765 after your green card without including the USCIS green card receipt notice will likely result in denial.

Can I travel while on OPT?

After graduation, if your post-completion OPT has been approved and your EAD issued,

you can travel and reenter the U.S. only if you have proof of employment

. If you are still looking for practical training opportunities, you should not travel internationally.

Can I work anywhere with OPT?

You do not need to have a job offer to apply for your OPT EAD, and

your OPT employment can occur anywhere in the US

. Start early—USCIS takes up to 90 days to process your application—and make sure you work closely with your school's International Student Office.

Can I work unpaid on OPT?


Post-completion OPT can be paid or unpaid training related to your major field of study

. You may work for multiple employers (including short-term gigs, self-employment, contract work, or work for hire).

How can I stay in US after OPT?

  • Employment-based green card.
  • Green card lottery.
  • Marriage-based visa.
  • Asylum petition.
  • Family sponsorship.
  • H-1B visa to green card.

How long does it take for OPT to be approved 2021?

How much does OPT cost?

Does USCIS check address history?


Most U.S. immigration applications will ask for your address history as an applicant

. The Deferred Action for Childhood Arrivals (DACA) application is no different. On your DACA forms, you will need to provide your address history to U.S. Citizenship and Immigration Service (USCIS).

Who are eligible for EAD?

Can you work on H-1B and EAD simultaneously?


Yes. Using EAD for employment will terminate your existing H-1B status

. It doesn't matter whether you use the EAD to work for the same employer, another employer, yourself or only part-time.

Can we get EAD without i140 approval?

A:

Yes, the USCIS will issue the advance parole and employment authorization before they adjudicate the I-140

.

Can you file I 765 from outside the US?

The bottom line is as USCIS requires I-765 to file the form while in the United States and the OPT regulation states the program to be authorized to an F-1 student, it is reasonable to say that

students cannot file the OPT application outside the U.S.

When you complete the Form I-765 OPT application, it is …

Can I apply for a green card while on OPT?

If you want to apply for a green card while you are in F-1 OPT visa status,

you will need to apply early

. Depending on your home country, there might be a lengthy wait. While the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act in July 2019, the Senate has not acted on this bill.

Juan Martinez
Author
Juan Martinez
Juan Martinez is a journalism professor and experienced writer. With a passion for communication and education, Juan has taught students from all over the world. He is an expert in language and writing, and has written for various blogs and magazines.