USCIS FAQ 2 on OPT Interim Final Rule
USCIS provides additional guidance and Q&A on the OPT Interim Final Rule:
Cap gap provisions
- Process for converting an H-1B petition/approval from consular notification to change of status
- Definition of “timely filed”
- Provision only extends status and work authorization held at time of filing
- 60 day grace period after rejection/denial/revocation
- Travel during cap gap
- Unemployment provisions during cap gap
STEM extension
- DHS will not be adding additional CIP codes during comment period
- Previous STEM degrees, dual majors, minors
- Reporting Requirements
- E-Verify
I-9 Compliance for cap gap documentation and pending STEM extensions
Unemployment provisions
- 90 days allowed for each period of OPT split between two degrees at same level (for a total of 180 days)
- 10 day grace period between employment periods
- Effect of travel