1:
How can I get my I-20 signed?
A:
While you are on Post-Completion OPT, you should continue to have your I-20 signed by ISSS every 6 months. In order to have your I-20 signed, please send your original I-20, and a copy of the front and back of your I-94 card to:
International Student and Scholar Services
Meeker House
46 Porter Field Road
Middlebury College
Middlebury, VT 05753
We will sign your I-20 and send it back to you by regular U.S. mail.
Updated October 18, 2007
2:
Can I travel while on OPT?
A:
Yes, you may travel outside the U.S. while carrying out Post-Completion OPT. However, we do NOT recommend travelling outside the U.S. if you do not have a job in the U.S. or if you have an H-1B petition pending. (See below for more information.)
In order to re-enter the U.S. in F-1 OPT status, you should have the following 5 documents:
- Your I-20 with the OPT recommendation posted on page 3, signed by ISSS within the past 6 months.
- A valid F-1 visa
- A passport that is valid 6 months into the future
- Your Employment Authorization Document (EAD)
- A letter from your employer, stating that you have a job (your contract or appointment letter should suffice.)
Recent interpretations of the immigration regulations by the Department of State indicate that an individual on OPT can re-enter the U.S. to return to a job, but not to look for a job. If you attempt to re-enter the U.S. to look for a job, you risk being denied entry.
We strongly advise individuals on Post-Completion OPT not to depart the U.S. until they have found a job. You should present your letter of employment to the border official only if asked.
Please be aware that travel is allowed while an OPT application is pending. However, once your OPT is approved, you must have your EAD and a letter of employment to re-enter the U.S. It is not possible to predict when an OPT application will be approved, therefore, we strongly advise you not to travel until your OPT has been approved and you have found a job.
You should also be aware that if you depart the U.S. while an H-1B petition is pending, you may be considered to have "abandoned the application". We urge you to discuss your travel plans with the employer sponsoring your H-1B petition. Please see the H-1B information on this website for more information.
Updated September 20, 2006
3:
Can I enter the U.S. on OPT if I don't have a job?
A:
Recent interpretations of the immigration regulations by the U.S. Immigration and Customs Enforcement indicate that an individual on OPT can re-enter the U.S. to
return to a job, but not to
look for a job. If you attempt to re-enter the U.S. to look for a job, you risk being denied entry. Therefore, we strongly advise individuals on Post-Completion OPT not to depart the U.S. until they have found a job.
Upon entry to the U.S., you should be prepared to present your letter of employment to the border official if asked. There is a possibility that the border official will not ask to see the letter of employment. However, you should understand that if you do not have a job in the U.S., travelling after your OPT has been approved is a risk.
In order to re-enter the U.S. in F-1 OPT status, you should have the following 5 documents:
- Your I-20 with the OPT recommendation posted on page 3, signed by ISSS within the past 6 months.
- A valid F-1 visa
- A passport that is valid 6 months into the future
- Your Employment Authorization Document (EAD)
- A letter from your employer, stating that you have a job (your contract or appointment letter should suffice.)
Please be aware that travel outside the U.S. is allowed while an OPT application is pending. It is not possible to predict when an OPT application will be approved, therefore, we strongly advise you not to travel until your OPT has been approved and you have found a job.
For the U.S. Immigration and Customs Enforcement policy on these issues, please see:
http://www.ice.gov/sevis/travel/faq_f2.htm
Last updated September 20, 2006
4:
Why does my EAD say "Not Valid For ReEntry to U.S."?
A:
The Employment Authorization Document (EAD) has this statement to indicate that the EAD cannot be used as the ONLY documentation to enter the U.S. In order to re-enter the U.S., you will also need
- A valid I-20 with your OPT dates posted on page 3
- A valid F-1 visa
- A valid passport
We also recommend that you travel with a letter from your employer stating that you have a job in the U.S.
Last updated November 1, 2006
5:
What kind of visa do I apply for while on OPT?
A:
You remain in F-1 status during OPT. If your F-1 visa has expired, and you wish to re-enter the U.S. for OPT, you must apply for a new F-1 visa. OPT is a benefit of your F-1 status. Therefore, you must be in F-1 status throughout your OPT time.
Last updated October 18, 2007
6:
How do I apply for an F-1 visa?
A:
If you are travelling outside the U.S. and wish to re-enter the U.S. to continue your OPT period, you must have a valid F-1 visa. (There is an exception for citizens of certain countries for trips of less than 30 days to Canada, Mexico and the adjascent islands. Under certain circumstances, individuals can re-enter the U.S. from these countries with an expired F-1 visa under the "Automatic Visa Re-validation" rule. In all other situations, individuals must have a valid F-1 visa to re-enter the U.S. during their OPT period.)
To apply for a new F-1 visa, you should contact the nearest U.S. Embassy or Consulate, and go through the regular visa application procedure. Visa wait times vary from country to country, and in some cases can take several weeks. We encourage you to apply for your F-1 visa as soon as possible.
You will need the following documents to apply for an F-1 visa:
- I-20 with the OPT posted on page 3, and a signature from ISSS within the past 6 months.
- Your EAD card
- A letter from your employer, stating that you are returning to the U.S. to work. We recommend that the letter not give the dates of your employment- it should simply state that you are returning to the U.S. on a certain date to begin or resume employment with them.
To find the Embassy or Consulate nearest you, please refer to
http://usembassy.state.gov/
To find the current visa wait times at the Embassy or Consulate, please see:
http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php
Updated September 20, 2006
7:
Do I have to pay taxes while on OPT?
A:
Yes. If you have questions about your tax status, you should discuss them with your employer's Human Resources or Payroll office. That office should be responsible for determining the tax witholdings of each of their employees, and can guide you through the tax regulations. Below is some general information for students on OPT:
Indivduals on OPT are required to file Federal and State income tax forms. The amount of Federal and State tax you are liable for depends upon your tax status and upon the tax treaty (if any) that exists between your country of citizenship and the United States
In most cases, students carrying out Post-Completion OPT are still considered "Non-Resident Aliens" for tax purposes, and as such, are not subject to FICA and Medicare taxes. (However, in the year following your graduation, you will most likely become a resident alien for tax purposes, and at that point will become subject to FICA and Medicare taxes.)
Here is the Regulations and explanation for exemption from the FICA tax, according to IRC Section 3121(b)(19):
Exemption from FICA tax for individuals who meet all of the following three criteria at the same time; if the individual fails to meet any of the following criteria, he or she will be subject to FICA tax. The individual must be:
(i) a nonresident alien for tax purposes
(ii) present in the U.S. under an F, J, M, or Q immigration statuses, and
(iii) the primary holder of the visa.
Again, we encourage you to discuss your tax liability with your employer.
Last updated November 27, 2006
8:
How can I get a letter confirming my F-1 status?
A:
International Student and Scholar Services can provide you with a letter verifying your F-1 status. Please send an email request to isss@middlebury.edu.
Updated November 27, 2006
9:
How can I get a translation of my diploma?
A:
The Registrar's Office can provide a translation of your Middlebury College diploma from Latin to English. To request a translation, contact the Registrar's Office, at
Registrar@middlebury.edu.
Updated October 26, 2007
10:
Can I enroll in classes while on OPT?
A:
Yes, you may enroll in courses while you are on OPT, as long as the study is “incidental” to your OPT status. (In other words, as long the coursework does not interfere with your job, and your OPT employment is your primary purpose for being in the U.S.) We recommend you contact the school at which you will enroll to inform them of your status.
Please note that enrolling in courses is not allowed during grace periods. Once your OPT is complete, you must change to another status which allows enrollment to continue your coursework. If you will enroll full-time after your OPT is complete, you should transfer your SEVIS record and F-1 student status to that school.
Last updated October 26, 2007
11:
How can I transfer my SEVIS record to another school?
A:
If you wish to transfer your SEVIS record to another institution within the U.S., please contact that instution to request a SEVIS transfer form. Please then send the following documents to ISSS:
- The completed SEVIS Transfer Form from the new institution
- An admission letter from the new institution
- A copy (front and back) of your current I-94 card
ISSS is able to transfer your SEVIS record to a new institution at any point during your OPT period through your 60-day grace period. After the 60-day grace period, you will be out-of-status, and in order to transfer your SEVIS record, your new institution will need to be willing to assist you to seek reinstatement to valid F-1 status. Many institutions are not willing to do this, and will require you to exit the U.S., and re-enter again in F-1 status with a new I-20. If you have remained in the U.S. beyond your 60 day grace period, and wish to transfer your SEVIS record, please contact isss@middlebury.edu.
Once your SEVIS record is in "Transfer" status, you must begin your new academic program in the next possible term, or within 5 months, whichever is sooner.
Please contact ISSS as soon as possible to discuss the transfer.
Updated October 18, 2007