About 12-Month OPT & H1B Cap-Gap Extension
Please choose the relevant topic below to obtain more information:
When can I apply for OPT?
Do I need a job offer to apply for the initial 12 months of OPT?
What do I need to know if I want to travel while on OPT?
How do students show that employment is directly related to their degree program?
I applied for OPT but will have to delay my graduation date. What do I do?
I am scheduled to start work very soon, but have not yet received my Employment Authorization Document.
Can I start work and get paid for that work at a later date?
Once I start working, will taxes be taken out of my paycheck?
What is the maximum amount of time that I may remain in the U.S. based on my post-completion OPT authorization?
Reporting Requirements While on OPT
Do I need to report my employer and employer address during my 12-month OPT?
Do I need to report my own addresses?
How do I report my employer information?
There is no place for the mmployer name or date in the fields available. How do I report these things?
I started my job before 4/8/2008. Can I report that in the F1 OPT Employer address in Oscar?
I work in one place but my employer’s office is in another place. What should I report?
I will be working for my employer but out of the US on business. What do I report?
Does my employer have to be in the E-Verify program while I am in my 12-month OPT period?
May I be unemployed during OPT?
What if I was unemployed before the new OPT rules were published and it is already beyond 90 days?
Are there any exceptions to the rule about unemployment?
How do I report that I am unemployed?
Q: When can I apply for OPT?
A. If you are completing your academic program, the earliest you can apply is 90 days prior to completion and the latest you can apply is 60 days from date of completion. The date you complete your studies may be different from your graduation date
Q: Do I need a job offer to apply for the initial 12 months of OPT?
A. No. A job offer is not a requirement for applying for OPT.
Q: What do I need to know if I want to travel while on OPT?
A. If you plan to travel while on OPT (after you have graduated from Georgia Tech) please note the following
- Visa:
If your F-1 visa stamp in your passport has expired, DO NOT make any travel plans without first speaking to an international student advisor at OIE. - I-20:
Have a travel signature that is no older than 6 months on page 3 of the I-20. The travel signature is available from OIE. - Passport:
Make sure it is valid at least six months into the future. - Employment Authorization Document:
Take the card with you to show to the CBP officer upon your return to the U.S. You will not be able to reenter the US without this card, so you should only plan to leave the US AFTER you have received it. - Letter from Employer:
It is recommended that you carry a letter from your employer stating your dates of employment, your job responsibilities, and the fact that you will return to the position.
A: SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager, and a description of the work.
If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the employer’s hiring official, supervisor, or manager stating how the student’s degree is related to the work performed.
Q: I applied for OPT but will have to delay my graduation date. What do I do?
A: You cannot cancel or change your OPT application once you apply. If your I-20 is going to expire, be sure to extend it.
Q: I am scheduled to start work very soon, but have not yet received my Employment Authorization Document. Can I start work and get paid for that work at a later date?
A: No. Working without a work permit is a severe violation of your legal status. If you have not received your EAD card and it is 90 days past the date on your Notice of Action, you can contact OIE for assistance.
Q: Once I start working, will taxes be taken out of my paycheck?
A: There are three kinds of tax in the U.S.: federal, state, and Social Security/Medicare. You will have federal and state tax taken out of your check. Social Security/Medicare taxes should not be withheld while you are on OPT unless you are considered a resident alien for tax purposes. For further information please see IRS publication 519, Page 42, Chapter 8. IRS Publication 519 is available at:
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http://www.irs.gov/pub/irs-pdf/p519.pdf.
Q: What is the maximum amount of time that I may remain in the U.S. based on my post-completion OPT authorization?
A: You may remain in the U.S. sixty days after the expiration of your OPT. This is a time for you to travel within the U.S., pack your things, relax, etc. You should not be working or studying during the sixty-day grace period.
Reporting Requirements While on OPT
Q: Do I need to report my employer and employer address during my 12-month OPT?
A: Yes. You need to report the following:
- employer name
- employer worksite
- the start date of employment, and
- any periods of unemployment.
Q:Do I need to report my own addresses?
A: Yes. You must continue to report your own US and Permanent (non-US) address while on OPT. This is done the same as when you were a student, via Oscar.
Q: How do I report my employer information?
A: You report your employer information in Oscar. Employer Reporting Instructions are available here
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http://www.oie.gatech.edu/isss/students/OPTReportingofEmployerInformationInstructions.pdf
Q: There is no place for the employer name or date in the fields available. How do I report these things?
A: Enter your Employer name, followed by the date in mm/dd/yy format in Address Line 1 (ex. “ACME Design 5/1/2008”). The space is limited to 30 characters, so you may need to abbreviate.
Q: I started my job before 4/8/2008. Can I report that in the F1 OPT Employer address in Oscar?
A: You may report it by putting the start date next to your employer name in Address Line 1. You must have a date no later than 4/8/2008 entered there.
Q: I work in one place but my employer’s office is in another place. What should I report?
A: Report the address of the place where you are working.
Q: I will be working for my employer but out of the US on business. What do I report?
A: Continue to report your worksite in the United States. Remember to report the date (for example, “ACME Design 5/1/2008”).
Q: Does my employer have to be in the E-Verify program while I am in my 12-month OPT period?
A: No. To be eligible for the 17-month STEM extension, your employer needs to be in E-Verify, however.
Q: May I be unemployed during OPT?
A: You may not accrue more than a total of 90 days of unemployment during the initial 12 months of post-completion OPT.
Q: What if I was unemployed before the new OPT rules were published (4/8/2008) and it is already beyond 90 days.
A: The day that the government will start counting unemployment is from April 8, 2008. Unemployment before April 8, 2008 will not count in the 90 days.
Q: Are there any exceptions to the rule about unemployment?
A: The only exception is that periods of up to 10 days between the end of one job and the beginning of the next will not be included in the calculation for time spent unemployed.
Q: How do I report that I am unemployed?
A: You report that you are unemployed in Oscar. Enter “Unemployed” mm/dd/yy in Address Line 1 of the F1 OPT Employer address. The date you enter is the one when you became unemployed.
Q: My employer has applied for an H1B visa for me and my OPT expires before September 30. What should I do?
A: The Department of Homeland Security has put in place a Cap-Gap OPT Extension that you can to take advantage of. It is not, however, ‘automatic’.
You should send the appropriate document (see below) to OIE by fax (404-894-9682) or by e-mail to info@oie.gatech.edu. You must provide your SEVIS ID number, mailing address, email and phone number so that we can contact you if necessary.
- If your have an Approval Notice for the H1B, send a copy of the Approval Notice to OIE.
- If you do not have an Approval Notice, but you have a Receipt Notice, send a copy of the Receipt Notice to us.
- If you do not have a Receipt Notice, but you have a Wait List Letter from USICS, send a copy of the Wait List Letter to us.
- If you do not have a Wait List Letter, but your employer properly filed the H1B application, send us proof that your H1B was properly filed. This will be the Mailing Receipt for the application.
NOTE: It is your responsibility to communicate with your employer regarding your H1B application and provide OIE with the necessary information so that you can take advantage of the new Cap-Gap provision. OIE will need to take action on your SEVIS record so that your OPT will be considered extended. OIE does not, however, receive information from the government about the status of H1B applications.
Q: Is the Cap-Gap extension for H1B applicants automatic?
A: No. See the previous question for instructions on what you need to do.
Q: Who is responsible for taking any action necessary for me to take advantage of the HIB Cap-Gap OPT Extension?
A: The F1 student is. You need to contact your employer concerning the progress of your case and inform OIE of the status so that action can be taken. Details of this are in the previous question.
Q: Is there any fee or application for the H1B Cap-Gap OPT extension?
A: No.
Q: Can I travel outside of the US during the H1B Cap Gap Extension period (this is the period after your EAD card has expired that you have been authorized to work by getting your I-20 updated)?
A: No. The government has said that “a student who has an unexpired EAD issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. By definition, however, the EAD of an F-1 student covered under a cap gap extension is necessarily expired. As a result, if the student elects to travel outside the United States during a cap gap extension, he/she should be prepared to apply for an H-1B visa at a consular post abroad prior to returning. Because the H-1B petition is for an October 1 start date, the student should be prepared to adjust his/her travel plans accordingly.”