Can I Change Employers While My OPT STEM Application is Pending?

For those on an F1 visa with a pending OPT STEM extension, the answer is generally 'no' until you receive approval. Below, I'll outline the key points to consider and share a step-by-step guide based on my own experience.

Pending Application

While your OPT STEM extension application is pending, your current employment must remain with the employer listed on your application. It's important to adhere to this rule to avoid any potential issues with your application process.

Approval Required

Once your application is approved, you will be able to change employers. However, the change of employer must be reported to your designated school official (DSO) and your SEVIS (Student and Exchange Visitor Information System) record must be updated. A Designated School Official (DSO) will issue a new I-20 form, which will include updated employer details and a letter to USCIS outlining the change of employment. This new I-20 should be submitted along with your I-983 training plan to USCIS. Remember, the new employer must also comply with all immigration regulations applicable to OPT STEM.

Unemployment Limits

It's crucial to adhere to the unemployment limits under OPT regulations. If you are unemployed for more than 90 days during your OPT period, it could affect your status. Monitoring this period and maintaining proper documentation are key to ensuring compliance.

Consult Your DSO

Always consult your DSO for personalized guidance and to ensure compliance with immigration regulations. They are the best resource to provide you with specific advice regarding your situation.

Personal Experience

Recently, I found myself in a situation where I had to change my job while my OPT STEM extension application was pending. Here’s how I navigated the process to ensure it went smoothly.

Step-by-Step Process

Obtained both the evaluation and final evaluation forms from my previous employer. It's essential that these forms are filled out and signed correctly. I then reported this change to my university within 10 days.

Filled out a new I-983 training plan with my new employer, ensuring that it was signed and submitted to my university within 10 days of the job change. After reviewing the documents, my university issued a new I-20. This I-20 included the updated employer details, along with a letter from the DSO addressed to USCIS. The letter outlined the change in employment, providing details about my new employer, including their E-Verify number.

Uploaded the new I-20 and the DSO letter to the evidence section of my USCIS STEM application via the MyUSCIS account. Following my university’s instructions, they took care of updating my SEVIS portal with the new employment information. However, I was still responsible for updating my personal information, such as my address, within the portal.

I hope this information helps anyone in a similar situation or who may face these circumstances in the future. Staying informed and maintaining proper documentation are crucial throughout the process.