Extensions of OPT
- H1B CAP GAP extension of F-1 OPT (for students in all fields)
- Extending the I-9 for the Cap Gap extension and getting an I-20 showing the extension
- 17 month extension of F-1 OPT for students in certain fields.
- Details on the STEM fields eligible for 17 month extension
Automatic extension of work authorization through start of approved "cap subject"** H1B for F-1 students on OPT in ALL fields:
The work authorization and status of F-1 students whose OPT runs out before the start of a pending cap subject** H1B visa status will be extended “automatically.” This extension will cover F-1 students on OPT with jobs in ALL fields, not only the students with degrees in certain fields. If a student on F-1 OPT has a valid cap subject** H1B application pending (or approved) and the OPT ends, the student is eligible for this automatic extension as long as that H1B application was filed with a “change of status” and not with “consular notification.” Check with your employer about whether they filed your H1B with a change of status. Read below on how to extend the I-9 for work authorization.
**"Cap subject" H1B refers to any H1B applied for that must be counted against the annual quota or limit imposed on the number of H1B visas granted. Some employers are "exempt" from the cap or limit. These employers may apply for an H1B to start at any time, and are not limited by the October 1st start date. Because they are not limited to the October 1st start date in any given year, an employee on F-1 OPT who is working for them, may NOT take advantage of the "Cap Gap Extension" of OPT, which was specifically designed to cover the gap in work authorization caused by the H1B quota.
Extending the I-9 for the Cap Gap extension and getting an I-20 showing the extension
Please note that your work authorization is automatically extended as long as a viable H1B application is filed for you BEFORE the end date of your current F-1 OPT. You do NOT need an I-20 showing this cap gap extension in order for your work authorization to be valid. In order to extend the I-9, your employer should reference the case number listed on the receipt notice of your H1B application AND keep a copy of the relevant section of the regulation itself with the original I-9.
We are NOT able to create an I-20 for you which records the OPT cap gap extension until your H1B application is APPROVED and no longer only PENDING (please read in the paragraph above how to extend the I-9 without the new I-20). If your H1B application is APPROVED and you want an I-20 showing the cap gap extension, simply email your request to isso@cornell.edu. Please include the address to which you would like us to mail the new I-20.
F-1 OPT extension of 17 months for students in certain fields:
If you are an F-1 student currently on OPT, and your current OPT is based on having received a Bachelor's, Master's or PhD degree in the fields listed below, referred to as “STEM” fields (science, technology, engineering, or mathematics), AND your current employer is enrolled in "E-Verify", then you will have an opportunity to apply for a one time 17-month extension of their regular 12 month OPT period. You will NOT apply for 29 months up front. The 17 month extension will allow students to have continuous work authorization at least through October 1st of any given following year, in case they do not get an H1B visa in their first year after graduating. Students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
CRITERIA FOR THE 17 MONTH EXTENSION:
- You must be currently on F-1 OPT based on having received a degree in one of the fields listed below referred to as “STEM” fields
- You must be working in your field for an employer who is enrolled in the USCIS the “E-Verify” program (see information links below or click here).
PROCEDURES FOR THE 17 MONTH EXTENSION:
FIRST: Students graduating now with degrees in these fields will first apply for the regular 12 month period of OPT as usual.
THEN, once you are within 3 months of the end date of your first 12 months of OPT, if you meet the following criteria, you can apply through the ISSO office for your 17 month extension of your OPT. You will do this by filling out the OPT 17 month extension application. The USCIS will only allow you to apply for this extension once you are within 3 months of the end date of your first period of OPT.
“STEM” fields (science, technology, engineering, or mathematics):
- Actuarial Science
- Computer Science Applications
- Engineering
- Engineering Technologies
- Biological and Biomedical Sciences
- Mathematics and Statistics
- Military Technologies
- Physical Sciences
- Science Technologies
- Medical Scientist (MS, PhD)
- Details on the STEM fields here
E-Verify:
E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. More information is available at the USCIS web page on E-Verify.