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 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. 

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 ISSS as soon as possible so we can help you respond to the RFE. If you filed online, you can use your USCIS account to respond to the RFE. 

It could be a Notice of Intent to Deny (NOID): Do not panic! Your application has not be denied yet. Contact ISSS 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. 

It could be a Rejection Notice or Denial Notice: Contact ISSS immediately. We will try to help as much as we can, but you may also need to consult an immigration attorney. 

Please note that all options will require you to have your receipt number. If your lawyer is calling on your behalf, they will need to have a valid G-28 on file. 

• Check the most recent USCIS Processing time. 
• Call the USCIS Contact Center at 1-800-375-5283 
• Check the USCIS Case Status Online 
• Use the USCIS Self Service Online Tool 
• As a last resort, you can go to Ombudsman Case Assistance. 
  • What type of cases can the Ombudsman’s Office help with?

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: 
  • Non-Delivery of Notice 
  • Non-Delivery of Card
  • Non-Delivery of Document 

The address on your I-765 should be valid for at least 3 months into the future. Please note that any change in address can dramatically delay the receipt of your EAD card. 

• Notify USCIS the change of address by calling the National Customer Service Center a 1-800-375-5283. 
• Notify USCIS the change if address online. 
• You cannot update your address online if you do not have a receipt number. 
• Remember to update your “Student Local Physical” address and “Student Local/Current” phone information through the “My Record” tab of the Howdy Portal within 10 days of any change of address.

 

DO NOT START WORKING UNTIL YOU HAVE THE EAD CARD.

You need to double check the mailing address on the Form I-765 and open an inquiry with the USCIS Contact Center using the USCIS Self Service Online Tool. When USCIS receives the returned card from USPS, they will re-issue the card to the updated address. 

• You should allow 21 days for the card to be returned to USCIS, and an additional 30 days for reissuance before re-inquiring with USCIS.
• If you still have not received your EAD card 30 additional days after the second inquiry, you will need to contact USCIS for proof that the card has been returned to USCIS and then can file with the USCIS Ombudsman to escalate reissuance.  
  • This is a last resort and you must have exploited all other options beforehand. 

If all else fails, apply for a replacement EAD card: 

• You will need to send a new Form I-765 and another filing fee to USCIS. 
• We recommend you also send copies of your previous I-797 approval notice and your I-20 with previous OPT recommendation with the application.  
• You should receive the receipt notice for the replacement within 90 days. 

Talk to your employer to see if you can work while getting the EAD corrected. 
 
Possible mistakes include: 

• Name 
• Birthday 
• Eligibility Criteria 
• Start and/or end date 
  • Pre-Completion OPT: 
    • The end date CANNOT go past the program end date on your I-20. 
  • Post-Completion OPT: 
    • Your EAD CANNOT be valid for more than 12 months. 
    • The end date CANNOT be more than 14 months past the program end date on your I-20. 
  • STEM OPT Extension: 
    • The start date MUST be directly after the end date of your Post-Completion OPT EAD. There CANNOT be a gap. 
    • Your EAD CANNOT be valid for more than 24 months. 

 

If USCIS made the error, you must resolve the issue as it may affect any future USCIS applications: 

• Complete the online Typographical Error Form. 
• You will receive an email after you complete the form. Mail the EAD card back to USCIS using the directions in the email. 

If YOU made the error, you must apply for a replacement EAD card: 

• You will need to send a new Form I-765 and another filing fee to USCIS. 
  • Include a letter of explanation detailed what error(s) you made. 
  • Return the original incorrect EAD card. 
• Keep a copy of the incorrect EAD card for your records. 
• A new I-20/OPT recommendation is NOT required, as the OPT has already been approved. 

If you are still within your application window it is possible to reapply. However, if your application window has passed then unfortunately you will not be able to do OPT.   

Rejected

These applications are returned by the USCIS Lockbox prior to processing, are not considered properly filed, and do not establish or retain a filing date. 

Common reasons: Form not filled out completely, signature is missing or incorrect, and fee is incorrect. If your I-765 Application is rejected, USCIS will send you a rejection notice.  

Denied

These applications have undergone review by a USCIS adjudicator, and the adjudicator has found the applicant ineligible for benefits.   

If USCIS denies the OPT application, it should indicate the reason for denial in a written notice sent to the student.  

There is no formal appeal for OPT denial, but you can discuss with an immigration attorney whether a motion to reopen or reconsider the decision may be warranted in your case.  Challenging a denial of an OPT application cannot be filed by ISSS. 

If the student wishes to file a motion, it must be filed within 30 days from the date of the decision (not the date he or she received the denial notice).