You will still be in legal F-1 status while your I-765 application is pending with USCIS.
Check if the I-765 Application is delivered or not:
Use the U.S. Postal Service tracking system to check whether the OPT application was delivered. USCIS has more information about
tracking the delivery of your EAD card.
Check the status of your I-765 Application:
If your I-765 Application has been pending
less than 90 days, you can check the status of your application on the USCIS
Case Status Online webpage after you receive the receipt notice.
If your I-765 Application has been pending
more than 90 days:
- Depending on your service center, your case may still be within the normal processing time. Check the current processing time for your service center.
- If your case is beyond the normal processing time you can refer to Outside Normal Processing Time.
- Other possible delays may include:
Special Note for 24-month STEM OPT Extension applicants:
If you sent your application to USCIS within the required application window, then you may continue working for your STEM OPT employer while your STEM OPT Extension application is pending with USCIS
for up to 180 days beyond the expiration of your prior Post-Completion OPT EAD card.
- If your STEM OPT application is still pending for more than 180 days beyond the expiration of your Post-Completion OPT, you MUST stop working.
Employment after day 180 is not authorized under 8 CFR 274a.12(b)(6)(iv) if USCIS has not adjudicated the STEM OPT application by day 180.
Receiving an I-797 Notice of Action from USCIS:
It could be a Receipt Notice: These are usually sent within 4 to 6 weeks from when USCIS receives the I-765 application and is sent to the address listed on Form I-765. You can use the Receipt Number to check the status of your application.
It could be a Request for Evidence (RFE): If USCIS wants more information in order to make a decision, they can send a request for evidence (RFE). Often they ask the student to provide documentation of having maintained a full course of study and questions about the use of CPT and any prior OPT.
Contact ISS as soon as possible so we can help you respond to the RFE.
It could be a Notice of Intent to Deny (NOID): Do not panic! Your application has not been denied
yet.
Contact ISS as soon as possible so we can help you respond to the NOID.
It could be an Approval Notice: The EAD card is usually attached to the approval notice. Congratulations and be sure to send ISS a copy of the front and back of the card as soon as possible!
It could be a Rejection Notice or Denial Notice: Contact ISS Immediately. We will try to help as much as we can, but you may also need to consult an
immigration attorney.