Post Completion OPT Request

Your program end date is the date your academic program is considered completed for immigration purposes.  It is not necessarily the end date on your current I-20. Please consult your academic advisor to determine the expected date of completion of coursework and program requirements.

To determine the end date of your program:

• For Master’s/Bachelor’s students: the program end date is the last day of final exams during the semester you are graduating. Ask ISSS for the exact date.
• For graduate degree thesis/dissertation students: upon consultation with your academic advisor and ISSS your I-20 program end date could be:
  • The date you defend successfully (as long as all other course work is completed);
  • the date you submit your thesis or dissertation (as long as all other course work is completed);
  • the last day of final exams of the semester you are graduating (you must be registered that semester to be eligible for this option).

After the program end date the student cannot work on or off campus (paid or unpaid) until the student: receives an EAD card; reaches the start date approved by USCIS; and is offered employment directly related to the student's major field of study.

F-1 regulations do not allow students to postpone completion of their program for any reason except unfinished academic requirements for the degree. If you do not complete the program as expected due to unforeseen circumstances and you have already applied for post-completion OPT please consult an ISSS advisor immediately as this may jeopardize your F-1 status and OPT eligibility.

The following information pertains to bachelor’s and master’s students ONLY. If you are a PhD student, please see an ISSS advisor, as we will need to address your situation case-by-case.

It is critical that both you and your academic advisor are confident that you are graduating by the date listed on your post-completion OPT application. If you do not graduate as planned both your F-1 status and OPT authorization are jeopardized. You should not apply for post-completion OPT until you are confident you will be completing your program.

If your OPT is pending and you will not graduate as planned you must notify ISSS prior to your I-20 program end date (for most students, this is the last day of final exams) that you will not be graduating and request an I-20 extension instead. You must also write to USCIS to formally withdraw the OPT application. Failure to request an extension from ISSS before the program end date on the I-20 could result in:

• A loss of your F-1 status, requiring the student to apply for reinstatement (in addition to withdrawing your OPT application).
• Reinstatement applications takes 6-8 months or longer, which means it may not be approved before you complete your degree, therefore making you ineligible to apply for OPT.

If your OPT has already been approved prior to the I-20 program end date but you do not graduate, you must notify ISSS immediately. Students already approved for post-completion OPT who do not graduate as planned must:

• complete their degree at the next available opportunity
• are eligible to work no more than 20 hours per week; and
• maintain status according to the regulations for post-completion OPT, meaning that if the student is not working exactly 20 hours per week in work related to the degree earned the student is not fully employed and is accumulating unemployment time (against the allowed 90 days cumulative employment while on post-completion OPT).
• earn the degree prior to applying for a STEM OPT extension.

If a student applied for post-completion OPT and does not graduate as planned, ISSS can make no guarantees on the outcome as it pertains to the student’s status and/or OPT eligibility. If you are uncertain of whether or not you will meet the degree requirements, you should wait to apply. The filing period for post-completion OPT remains open up to 60 days after the student’s program end date.

Students may request an OPT start date that falls within 60 days of the program end date. When selecting a start date please keep in mind that:

• You cannot begin work until your OPT is approved by USCIS and you have received the EAD card in hand.
• USCIS may take up to 90 days or longer to process and approve an OPT application (from the date they receive your application).  Processing times vary.
• Your authorized employment AND 90 days of allowed unemployment will start counting from the start date on the EAD card (not the program end date).

USCIS officers adjudicating the case ultimately decide upon the start and end dates. If a student chooses a start date and USCIS is unable to process/approve the request by that date USCIS may:

• Update your start date to the date approved
• Update the start date to the date approved but not change the end date or
• not update the start date (therefore unemployment began accruing from the approved start date, even if in the past).

The very last end date an officer can authorize OP is 14 months after the program end date, regardless of when the OPT is approved.

While on OPT you are still a F-1 student under the University at Albany’s sponsorship. Therefore you are still required to report changes to your information to UAlbany ISSS.

Make sure that MyUAlbany has the e-mail address you read regularly and that you respond to ISSS emails. ISSS and DHS/SEVIS will contact you by email in the event of regulatory changes and/or if you have not updated your information with our office. While on OPT you must:

1. Provide ISSS with a photocopy of your Employment Authorization Document (front and back).
   • You must receive authorization from USCIS and have an Employment Authorization Document (EAD) physically in hand before you begin employment. 
2. Update your SEVIS USA address in MyUAlbany to your place of physical residence. Please also keep your email (including an alternate email) and phone number up to date.  For information on how to make these updates, please review the Reporting Requirements.
3. Students on OPT are required to report any changes to personal/contact information (including but not limited to name changes, email, phone number, and address), employment information (including but not limited to new employment, employer changes, end of employment, employer name, address, supervisor contact information, position, and how the employment relates to the student’s program of study) and changes in status (including changes of status to H1B, permanent residency, departure from US, etc…).  To report employment updates, please fill in the OPT Employment Reporting Form.
4. Students are required to report any of the above changes to ISSS/DHS within 10 days.
5. Students must complete a Departure Form when they end OPT; start a new degree program; and/or plan to depart the United States. 

In order to maintain status on OPT F-1 students must be "fully employed" in work/training directly related to their major.  Paid, unpaid, and other volunteer activities may count as qualifying training under OPT as long as the training/employment meets all requirements, including that the student is working at least 20 hours per week in a position directly related to the student’s major. This “volunteering” should be reported to ISSS as training and stops the "unemployment clock."

In order to maintain F-1 status students may not accumulate more than 90 days of unemployment during the post-completion OPT period. This includes weekends if the student is not currently employed.  Unemployment stops accumulating from the date a student starts the training position, not the date the offer is made.  The employment/training must be reported to stop unemployment from continuing to accrue.

Students can view an Unemployment Counter in their SEVP Portal account. This Unemployment Counter is used by SEVP to track the number of days of unemployment a student is eligible for and has accrued. Students may be sent emails by SEVP or have their SEVIS record automatically terminated (therefore ending F-1 status and OPT), based on this counter. Please contact the ISSS office if you have questions about the Unemployment Counter. 

If you are at risk of exceeding 90 days of unemployment please consult an ISSS advisor. Exceeding unemployment is considered a violation of F-1 status, meaning that a student’s F-1 status may be terminated automatically or by a DHS official at any time; and/or future benefits may be denied to the student if those benefits depend upon maintaining F-1 status.

Students at risk of exceeding unemployment days are advised to do one of the following before exceeding 90 days of unemployment: depart the U.S. before exceeding the unemployment limit; transfer/change level to begin a new full-time course of study in accordance with all transfer eligibility requirements; or change status before the unemployment limit is reached in order to avoid violating status.

Travel outside of the United States while an application is pending with USCIS is strongly discouraged. Students must show all required documentation needed to re-enter the U.S. For F-1 students on an approved period of OPT that documentation includes the EAD card. Consult an ISSS advisor before making any international travel plans while applying for OPT and/or while the application is pending.

Students on an approved period of OPT with employment reported may travel. To re-enter the U.S. the student must have a valid I-20 signed for travel within the past 6 months from the date of re-entry, a valid passport, a valid F-1 visa, a valid EAD card, and proof of COVID-19 vaccination.  Proof of employment (such as a contract or offer letter) is highly recommended. This  employment information must be reported to ISSS. If a student is not currently employed then international travel is strongly discouraged.

A student is considered to be in active F-1 status if they have filed their OPT application in a timely manner and that application is still pending with USCIS. You may remain in the United States while the OPT application is pending. If the application is denied, revoked, or withdrawn and you are more than 60 days past your program end date then you must leave the United States immediately.  

If your application is denied, revoked, or withdrawn prior to the 60 day mark after your program end date please contact ISSS immediately so we can help you determine if you can refile for OPT with USCIS.

If your OPT by USCIS is approved your 60 day grace period will take place at the end of your OPT period. This does not apply to students who have exceeded 90 days of unemployment or otherwise failed to maintain status/violated status; if a student has violated status no grace period is given.

If you are not working or work for an employer that does not offer health insurance you may purchase insurance through International Insurance at 3 month intervals.

If you are currently enrolled in the international student health insurance you must renew your policy with ISSS no more than 30 days after the completion of your program.

If you are currently enrolled in NYSHIP insurance as a graduate/teaching/research assistant but want to switch to University insurance after the completion of your program you must do so before the program completion date.

If at any point on OPT you need insurance coverage contact [email protected] to find out if you are eligible for insurance through the University. Health insurance through ISSS is only available to students in F-1 status; if you change status this can impact your coverage. Please plan accordingly and email [email protected] for more information.

Based on updated USCIS guidance regarding unlawful presence and NTAs (“Notices to Appear) OPT denials could have potentially serious consequences. If you receive a denial, RFE (request for evidence), or NTA please contact ISSS immediately so that you can be referred out to an immigration attorney as appropriate.

Individual circumstances may determine how you should proceed. Generally, if your OPT is denied and you are past your 60 day grace period you should make plans to depart the United States immediately. Unlawful presence may begin accumulating.

Unlawful presence can result in bars from entry to the U.S. Individuals who accrue more than 180 days but less than one year of unlawful presence and depart voluntarily may be barred for 3 years. Individuals who accumulate one year or more of unlawful presence may be barred for 10 years (whether they left voluntarily or were removed).

USCIS has previously stated that they may issue NTAs for denied applications. An “NTA” is a notice to appear before an immigration judge for deportation proceedings. As of August 2018 that policy has been delayed. With these new/updated policies, it is imperative that you take advantage of your full 90 days advance time period to submit an OPT application.

If a student has a timely filed H-1B petition requesting an employment start date of October 1 for the following fiscal year the student may be eligible for a “cap-gap extension” of the duration of F-1 status and/or work authorization.

The extension of duration of status and work authorization will terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf. The only proof that students will receive of their cap-gap extension is a new I-20 from ISSS.

If you believe you are eligible for a cap-gap extension please contact ISSS to request a new I-20 and include any proof of filing and/or receipt notice(s) from USCIS. Please remember that ISSS cannot advise on H1b applications or a H1b status in any way.