On April 8, 2008, DHS published an interim final rule that changes several key aspects of F-1 optional practical training (OPT). This is an interim final rule with request for public comment. The rule is effective April 8, 2008. Written comments must be submitted to DHS on or before June 9, 2008.

Check http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/opt_29_month_rule for more details on the new rules


What are the main points of this new interim rule?
- Eliminates the "Cap Gap" by extending the F‐1 student's "duration of status" and the end of the standard OPT period until the date on which the student's H‐1B status becomes effective
- Extends post‐completion OPT an additional 17 months (for a total of 29 months) for F‐1 students in certain fields of study (STEM)
- Extends the period during which the F‐1 student may apply for the original 12 months of OPT
- Places additional responsibilities on the F‐1 student who remains in the U.S. for post‐completion OPT, on the student's employers and on the student's school, as well as the student;
- Limits the total number of days of unemployment to 90.

If you have any doubts on OPT regulations, also check http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_pdf.pdf

I applied for my OPT extension on 09/21/08. My current employer is an E-Verify company and my graduate degree was in the STEM category. The normal processing time for Vermont Service Center was 3 months. I received an RFE on 11/15/08, which I responded to immediately. My OPT status was to expire 01/01/09. I requested expedited service and I received my approval notice only days before. I am yet to receive my new EAD.