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最近The Department of Homeland Security 宣布了關於F-1學生OPT&H1-B的新規定
由於政策剛出爐,很多相關的條款都還沒有進一步的規定
搞得大家人心惶惶 草木皆兵
加上4/1 H-1大拜拜剛結束,收件量又爆新高
連去年還不用抽籤,前年以前到暑假申請都還有缺的碩士名額都在4月初即告截止
(奇怪了,碩士畢業生是有多這麼多嗎??....)
今年甚至還要抽籤,中獎機率不到80%
嗯 很好 看來除非年底總統大選會有甚麼改變
要不然明年說不定開放個兩天就截止收件準備抽簽了
也就是說 就算有善心公司願意花上十幾萬台幣幫你申請工作簽證
抽不到簽一樣要收拾包包準備回家
學校的International Student & Scholar Services整理了目前的新條款如下
只能說 有一好沒兩好
1. STEM學生可以多延長OPT 17個月
(不是STEM學生乖乖閃邊...)
2. OPT簽證自動延長到H-1B生效
(這倒不賴,至少5月畢業生不會因為多了2個半月以上的Gap被自動刪除)
3. 不能失業超過90天,不然OPT就失效
(這招狠啊,就算在台灣,為了想找一個喜歡的工作,也是有可能等上三個月的吧! Orz)
有種寄人籬下的心酸...
1. Extension of filing deadline for OPT applications
- USCIS must now receive the application within 60 days after the student's graduation date/ completion of degree requirements, rather than the graduation date itself (former deadline).
- ISSS recommends that students apply early, to avoid losing any OPT time, as the start date of OPT employment must be within 60 days from graduation.
2. Extension of work authorization to avoid the "Cap-Gap"
- F-1 students on OPT who are maintaining their status and have a receipt notice for an H-1B change of status application with a start date of October 1st will automatically have F-1 status and work authorization extended until the change of status to H-1B takes effect. The extension of status and OPT will automatically be terminated if the H-1B petition is rejected, denied, or withdrawn.
- This extension will apply to all students on OPT, not just those with STEM majors.
- No action will be necessary to extend employment authorization. A receipt notice from USCIS for the H-1B petition should be sufficient to show your employer.
3. Additional reporting/status requirements
- An accumulation of more than 90 days of unemployment during the initial 12-month period of OPT will now be considered a violation of a student's F-1 status. The maximum period of unemployment increases to 120 days for those students who have been approved for the 17-month OPT extension.
- Students using their 12 months of post-completion OPT will be required to report the following information to UT Austin:
*Change in address (can be done in UT Direct)
*Change in legal name
*Interruptions in employment
- Students who have been approved for a 17-month OPT extension will be required to report the following within 10 days of any change:
*Address
*Legal name
*Employer name
*Employer address
*Loss of employment
Additionally, students will be required to confirm with ISSS that the above information is correct every six months starting from the date that the extension begins until the F-1 status ends, or they change educational levels or transfer to another school.
4. 17-month OPT extension for eligible students with STEM degrees
- Students may be eligible for a 17-month extension of OPT authorization if they meet the following requirements:
*Received a degree in a STEM (Science, Technology, Engineering, and Mathematics) field from a U.S. institution (a list of STEM majors at UT Austin will be posted on the ISSS website as soon as possible)
*Are currently working on the initial 12-month period of OPT
*Are working for a U.S. company that is registered with E-Verify employment verification system
*Are working in a job directly related to their major field of study
*Have not accrued more than 90 days of unemployment on OPT
*Have not previously received a 17-month extension after receiving a STEM degree
- To apply for the 17-month extension, students must submit a new OPT application with the following:
*New I-20 with 17-month OPT extension recommendation
*I-765, filled out with employer's E-Verify information
*$340 application fee
*Copy of passport
*Copy of visa
*Copy of I-94 card
*Copy of degree
- Eligible students may apply for the 17-month extension at any time during the initial 12-month OPT period.
- Students whose extension applications are received by USCIS before the expiration date of their current OPT will be able to continue employment for 180 days or until the final decision is made on the extension, whichever comes first.
- The extension will begin the day after the initial post-completion OPT expires and will last 17 months, regardless of when the extension is approved.
Regards,
International Student & Scholar Services
由於政策剛出爐,很多相關的條款都還沒有進一步的規定
搞得大家人心惶惶 草木皆兵
加上4/1 H-1大拜拜剛結束,收件量又爆新高
連去年還不用抽籤,前年以前到暑假申請都還有缺的碩士名額都在4月初即告截止
(奇怪了,碩士畢業生是有多這麼多嗎??....)
今年甚至還要抽籤,中獎機率不到80%
嗯 很好 看來除非年底總統大選會有甚麼改變
要不然明年說不定開放個兩天就截止收件準備抽簽了
也就是說 就算有善心公司願意花上十幾萬台幣幫你申請工作簽證
抽不到簽一樣要收拾包包準備回家
學校的International Student & Scholar Services整理了目前的新條款如下
只能說 有一好沒兩好
1. STEM學生可以多延長OPT 17個月
(不是STEM學生乖乖閃邊...)
2. OPT簽證自動延長到H-1B生效
(這倒不賴,至少5月畢業生不會因為多了2個半月以上的Gap被自動刪除)
3. 不能失業超過90天,不然OPT就失效
(這招狠啊,就算在台灣,為了想找一個喜歡的工作,也是有可能等上三個月的吧! Orz)
有種寄人籬下的心酸...
1. Extension of filing deadline for OPT applications
- USCIS must now receive the application within 60 days after the student's graduation date/ completion of degree requirements, rather than the graduation date itself (former deadline).
- ISSS recommends that students apply early, to avoid losing any OPT time, as the start date of OPT employment must be within 60 days from graduation.
2. Extension of work authorization to avoid the "Cap-Gap"
- F-1 students on OPT who are maintaining their status and have a receipt notice for an H-1B change of status application with a start date of October 1st will automatically have F-1 status and work authorization extended until the change of status to H-1B takes effect. The extension of status and OPT will automatically be terminated if the H-1B petition is rejected, denied, or withdrawn.
- This extension will apply to all students on OPT, not just those with STEM majors.
- No action will be necessary to extend employment authorization. A receipt notice from USCIS for the H-1B petition should be sufficient to show your employer.
3. Additional reporting/status requirements
- An accumulation of more than 90 days of unemployment during the initial 12-month period of OPT will now be considered a violation of a student's F-1 status. The maximum period of unemployment increases to 120 days for those students who have been approved for the 17-month OPT extension.
- Students using their 12 months of post-completion OPT will be required to report the following information to UT Austin:
*Change in address (can be done in UT Direct)
*Change in legal name
*Interruptions in employment
- Students who have been approved for a 17-month OPT extension will be required to report the following within 10 days of any change:
*Address
*Legal name
*Employer name
*Employer address
*Loss of employment
Additionally, students will be required to confirm with ISSS that the above information is correct every six months starting from the date that the extension begins until the F-1 status ends, or they change educational levels or transfer to another school.
4. 17-month OPT extension for eligible students with STEM degrees
- Students may be eligible for a 17-month extension of OPT authorization if they meet the following requirements:
*Received a degree in a STEM (Science, Technology, Engineering, and Mathematics) field from a U.S. institution (a list of STEM majors at UT Austin will be posted on the ISSS website as soon as possible)
*Are currently working on the initial 12-month period of OPT
*Are working for a U.S. company that is registered with E-Verify employment verification system
*Are working in a job directly related to their major field of study
*Have not accrued more than 90 days of unemployment on OPT
*Have not previously received a 17-month extension after receiving a STEM degree
- To apply for the 17-month extension, students must submit a new OPT application with the following:
*New I-20 with 17-month OPT extension recommendation
*I-765, filled out with employer's E-Verify information
*$340 application fee
*Copy of passport
*Copy of visa
*Copy of I-94 card
*Copy of degree
- Eligible students may apply for the 17-month extension at any time during the initial 12-month OPT period.
- Students whose extension applications are received by USCIS before the expiration date of their current OPT will be able to continue employment for 180 days or until the final decision is made on the extension, whichever comes first.
- The extension will begin the day after the initial post-completion OPT expires and will last 17 months, regardless of when the extension is approved.
Regards,
International Student & Scholar Services
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