The Ultimate Guide to OPT Extension RFE

Updated on March 6, 2024
At a Glance: OPT, or Optional Practical Training, is a temporary employment opportunity available to F-1 students in the United States. It allows students to work in a field related to their area of study for up to 12 months after completing their academic program. Students can apply for the OPT extension by submitting the required forms and meeting the eligibility criteria. However, there is a possibility of receiving a Request for Evidence (RFE) if the application is incomplete or lacks necessary documentation. RFEs may be issued for various reasons, such as inadequate photos, proof of enrollment, financial loss, I-120 evidence, employment relation to major, coursework completion, proof of OPT employment, proof of 90 days of unemployment, unsigned check, or unmatching e-Verify numbers. It is crucial to respond to an RFE in a timely manner to avoid denial of the application. Seeking assistance from a certified attorney is an option to ensure a successful response, although it may involve additional costs.

Navigating the legal system as an immigrant can be time-consuming and frustrating. You always have more questions than answers and it’ll be frustrating. This is especially true for international students when comes to their OPT extension and RFE.

If you have questions about OPT extension RFE, read on!

What Is OPT?

The first thing we should clarify is: what exactly is OPT? Shortcut for Optional Practical Training, an OPT represents temporary employment, which is linked to an F-1 student’s primary area of study.

Granted that you address the eligibility criteria for the OPT, you can consider applying and get the authorization to work up to 12 months via OPT employment. You can consider this option prior to the completion of your studies or after the completion of your academic studies.

OPT Extension

Now, let’s move on to the main focus of our article – namely the OPT Extension RFE. You are expected to submit a form – I-765 – up to 90 days before the expiration date of your OPT employment authorization. In addition, your employer is expected to meet the OPT extension requirements. You also need to file form I-20 and your STEM degree (a copy of it).

In case you filed your application within the designated time, but the OPT period will expire during the process, there’s no need to worry. Your employment authorization will be automatically prolonged for 180 days in this case.

What Is a Request for Evidence?

Another question you will most likely have is that regarding the request for evidence. Simply put, in case an application doesn’t have all the necessary documents requested by the officials, you will be mailed a request for evidence. This means you are required to facilitate additional proof before your application can be processed.

If you don’t respond to the RFE, this will most likely lead to having your petition denied. With that in mind, in order to increase the likelihood of a successful application, you are expected to respond to the RFE in a timely manner. It’s also worth pointing out that an RFE may be sent out throughout any stage of the interview, and it is usually accompanied by a deadline you are expected to meet. During this timeframe, you should note that your petition is suspended.

Reasons for OPT Extension RFE

RFE for Photos

Basically, you are expected to meet a range of specifications when choosing your photos for the application. Otherwise, you will most likely get an RFE for photos. This may be due to the fact that the photos are of poor quality, they are unclear, they don’t have proper light, they are either too old or there is a glare or shadow interfering with the overall quality. In order to avoid RFE, it’s best to address the passport photo requirements indicated by the US Passport and International Travel.

RFE for CPT and Enrollment

Moving on, USCIS might also want to determine whether the student attended classes during the CPT while working. With that in mind, you might be requested to facilitate proof of tuition, your student’s ID, school transcripts, attendance proof, so on and so forth.

RFE for Financial Loss Proof

In case you have expedited OPT due to financial loss, then you might be required to facilitate additional proof in the form of extra information on the topic, the reasons for request expedite, the reason for the financial loss, so on and so forth. Hence, some documents that will come in handy include a cover letter aiming at explaining your financial situation, a rent invoice, utility bills, bank statements, letter from employer, and so on. For additional assistance, access this source.

RFE for I-120

When it comes to OPT Extension RFE, you might be sent out a request for evidence for I-120. Responding to this is quite straightforward. Simply put, depending on your DSO, you are expected to submit I-120.

RFE for Employment Relation to Major

This means that you have to facilitate accurate proof indicating that the employment you want to pursue is directly connected with your major. This is actually one of the eligibility criteria you are expected to meet, so bear this in mind.

RFE for Coursework Completion

Moving on, in order to demonstrate that you’ve attended your courses, you must provide your school transcripts or proof demonstrating that you’ve graduated.

RFE for Proof of OPT Employment

Moving on with our article on OPT Extension RFE, another aspect that shouldn’t miss your focus is the one regarding the proof of OPT employment. In fact, in most cases, this is requested during the OPT extension process per se. In this respect, we advise you to facilitate Pay stubs as well as letters.

RFE for Proof of 90 Days Unemployment

This is another reason why you could receive a request for evidence. You may find out more on the topic here.

RFE for Unsigned Check

This is quite straightforward. Simply put, if the check isn’t signed accordingly, you will get an RFE due to this. This can be prevented by being doubly mindful during the application process.

RFE for Unmatching e-Verify Numbers

In case the e-verify number doesn’t match that of the company you mentioned in your application, then getting an RFE is quite inevitable. Make sure you pay attention to these details. The thing is that responding to an RFE can be quite stressful for most students, which is why some might consider getting the assistance of a certified attorney. But we’ll talk about this in the following paragraphs.

OPT Extension RFE Frequently Asked Questions

If you want to have your application for an OPT extension without dealing with any RFE scenarios mentioned beforehand, then you might be able to do this by anticipating what is expected of you. The same goes when it comes to switching to a Green Card from your OPT status, which comes with some challenges – still, at the end of the day, it is certainly worth the effort.

What Is 17-Month OPT STEM Extension?

The 17-month STEM OPT Extension is applicable for the students that are already approved for it. Simply put, during the first twelve months of typical OPT, the maximum timeframe for unemployment is of 90 days. However, when the 17-month extension is approved, then this means that another 30 days of unemployment are added, which brings to a total of 120 days for the whole 29-month period.

Who Qualifies for STEM OPT Extension?

Moving on, it’s worth noting that if you have a STEM major, this means you are entitled to get an extension, in addition to the 12-month original OPT period you have the right to get as an F-1 student. A stem major entails having a degree in engineering, technology, math, or science. You can check here with the official list of the designated programs that fit into this category.

When to Apply for OPT Extension?

In regard to the right timing for applying for the OPT extension, you are expected to apply within 90 days of the end of your program date. Alternatively, you might apply within 60 days after the official end of your program. It’s worth outlining that the timing of the OPT extension application is crucial.

Some students might fail to take this into consideration, but it is fundamental for a successful application process. There have been many situations when students have applied late and ended up having their applications denied. It’s also worth noting that you cannot apply before the 90-day period either. So, make sure you are mindful of this specific time interval.

What Is the Reason for RFE on STEM Extension?

This question is specifically related to our topic – namely OPT Extension RFE. We’ve already pointed out that there could be many reasons why an OPT extension request might be delayed. Many STEM students get an RFE and, in some cases, they might even get a second RFE, which can be definitely very frustrating. The thing is that there is no straightforward answer to this question, which is specifically why many students seek the help of an attorney.

What Is Typically Asked in RFE?

To be frank, not everyone’s application for an OPT extension is approved. Just as one’s application for credit card refinancing at a lender might or might not be approved, the same goes for OPT extensions. It is best not to panic, though, even if you do get an RFE, as this is quite frequent. For one thing, the nature of the RFE has to be established, as there are many things that could be asked in RFE.

Also, it is crucial to address each question in detail and attentively, to avoid any errors. Concurrently, you should display your full intention and interest to be as thorough as possible in providing the information requested from you. Some of the things that might be asked in RFE include more information about the employer, determination of specialty occupation, facilitating the necessary documentation, and the list could go on.

Is There a Time Limit to Respond to RFE?

Evidently, there is a time limit for responding to RFE. This is something serious that requires your immediate attention and focus. To that end, according to official information, the maximum response time to RFE is of 12 weeks. In addition to that, it’s worth pointing out that extensions of time for submitting the required evidence aren’t an option. In regard to the average RFE response time, in 2018, it was of 93 days.

What Happens If One Doesn’t Respond to RFE?

This is another aspect most students should be wary of. As we pointed out, it is critical to respond to an RFE as soon as possible and to provide the required evidence within the specified timeframe. Therefore, if you don’t respond accordingly, USCIS will make their decision by taking into account the information they have at their disposal. Considering that it is most likely incomplete, the odds are that your petition or application for an extension will be denied.

What If OPT Is Denied after Responding to Query?

If your OPT is denied, this means that you still have 60 days of grace period at your disposal. During this time, you can consider changing your university, if that’s the case. However, our advice to you would be to look into this before making any hasty decisions.

Do You Provide Help for Responding to STEM OPT RFE Queries?

Stilt can assist students with their financing or refinancing requirements, granted that they are in need of a loan. Nevertheless, when it comes to responding to STEM OPT RFE queries, if you find yourself clueless, seeking the guidance of a professional might make sense for you.

Pros and Cons of Responding to RFE Personally or via an Attorney

As we’ve already discussed, you can always consider the assistance of a certified attorney when responding to an RFE. The main pro of going down this path is obvious – you eliminate the likelihood of error and confusion, thus maximizing the success rate of your application. On the other hand, if you were to answer it personally, you might deal with a lot of stress. Still, you will manage to save some money, which might be really important if you’re on a budget.

The bottom line is that you should consider your individual circumstances and take a decision accordingly, depending on what meets your scenario best – just like you would if you’d want to get a tuition loan for OPT authorization.

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Conclusion

All in all, we hope that you’ve found our guide on OPT Extension RFE insightful and useful. Of course, you might need to do additional research, to get all your facts straight, as understanding the ins and outs of the laws can be tricky. On a final note, if you find yourself in need of financing as an OPT student, do consider Stilt, as we aim at addressing your individual requests!

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Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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