International students migrate to the United States for higher education. If they are under F-1 visa status, then they are eligible to file for OPT EAD. Working in the area of your study is a provision that the federal government has provided for getting practical experience in your concerned subject. Of course, this involves certain criteria to be met. To find out what are those criteria, click here.
That being said, there are times when you cannot continue doing OPT or you wish to cancel/withdraw your OPT application. In such a circumstance, how will you make your move? This is an IMPORTANT question. The why behind this is the legalities in the USA are so strict that if you don’t take action in time towards such a need, it can affect your visa status and your further standing in the USA?
There can be possible reasons for cancelling OPT application. Hence, it’s the candidate’s responsibility to maintain and keep an eye on the cancellation process while OPT is getting cancelled or withdrawn. And also follow how to cancel OPT application, if needed, under their given circumstances. This article is all about what are the grounds to cancel OPT application and how to cancel OPT application.
Highlights of this article:
- Reasons behind cancelling OPT application
- The process to cancel your OPT
Cancelling OPT Application: The reasons and the process
1. Reasons behind cancelling OPT application
The first thing we need to understand is the cancellation of the OPT application can only be done if the status of the application is ‘REQUESTED’ and not if it is ‘PENDING’. Also, if any request stays in the ‘REQUESTED’ category for more than 180 days, then USCIS automatically cancels.
The factors that can be the cause of behind OPT cancelation/withdrawal:
- If you have changed your plans regarding doing OPT right now
- If you are about to start some post-graduation course after your graduation
- If you cannot meet the academic requirements, preventing your graduation.
- If you have overshot the time frame that USCIS states as acceptable. The acceptable time frame is no more than 90 days before the program end date and no later than 60 days after the program end date.
2. The process to cancel/withdraw your OPT
There are two likely scenarios behind OPT status removal. As pointed out above, it can be withdrawn, if you have not received your EAD yet after filing the application at USCIS. The second scenario being, after filing your application, you have received your EAD. In this case, you can go for cancellation. Let us look at both scenarios.
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The Withdrawal of OPT application
This method is used if you have forwarded your application to USCIS to process but have not received the EAD as of date. In this case, contact the service center mentioned on your I-797 receipt notice. You can put your request for withdrawal directly to the service center.
The important things to be mentioned in the letter needed for applying for withdrawal:
- Your name, date of birth, SEVIS ID number
- Application receipt number (A duplicate of the receipt is likewise useful).
- A letter expressing explicitly mentioning your request to withdraw the I-765 application for post-completion OPT. You should put your reasons down for further clarification.
- Express “I-765 Withdrawal” at the top and sign the letter.
- Send these archives to the Service Center recorded on your I-797 Receipt Notice.
Remember, once the withdrawal request goes through, there is no turning back. You can still reapply for a new EAD, under the premise that you are still eligible.
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The cancellation of OPT application
The method is used if USCIS has already processed your application for OPT and thereby received your EAD. In this case, mail your letter of cancellation along with your EAD to the service center mentioned on your I-797 receipt notice.
The important things to be mentioned in the letter needed for applying for cancellation:
- Your name, date of birth, SEVIS ID number
- Application receipt number (A duplicate of the receipt is likewise useful).
- A letter expressing explicitly mentioning your request to cancel the EAD for post-completion OPT. You should put your reasons down for further clarification.
- Express “OPT/EAD cancellation” at the top and sign the letter.
- Send these archives to the Service Center recorded on your I-797 Receipt Notice.
Regarding cancellation of OPT, it has been noted that only a small number of application has been successfully cancelled once the students receive their EAD. Also, there is a high probability that you won’t be able to use your unused OPT. Remember that USCIS may not inform you if they have accepted your cancelation or not. If likely to be processed, then the process will take up to 90 days and you won’t be getting any money back that was used for processing.
For more information on how to cancel/withdraw your OPT application, check with the Dept. of Homeland security.
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Wrapping Up
The above mentioned are the basics of how to withdraw/cancel your OPT application. If valid, whatever be your reason to withdraw/cancel your OPT application, it is better to do it to maintain a good standing on your visa status. Otherwise, there is a chance that you might accrue bad points in the books of the federal government.