Breaking news: new OPT extension and H-1B cap gap extension ruling

DHS just had a press release on OPT extension and H-1B cap gap ruling that impacts a lot of foreign students.

Press release

For the whole ruling document check here

Additional Q&A here or here

Basically, if your company (or the company wants to hire you) is enrolled in E-verify program (check here), the following applies to you:

1. If you have a Bachelor, Master, or PhD degree in science, technology, engineering, or mathematics (STEM), you are eligible to apply for a 17 months OPT extension after your current 12 month OPT expires.

2. This is for ALL degrees. If you are currently working and has applied for H-1B petition during the acceptance period (starts at 4/1 every year) but your OPT expires before 10/1 (so called H-1B cap gap), you are eligible for the cap-gap extension and can continue to work regardless of your OPT status until the following:
2.1. Your H-1B is not selected by the USCIS, then your extension automatically terminates when USCIS announces the completion of the random selection of H-1B applications.
2.2. Your H-1B is approved, in which case you can continue to work until your H-1B kicks in (10/1 the same year).

All in all, this is great news for foreign students, especially for those in the STEM fields since you don't have to worry about H-1B too much now that you have more chances of getting a H-1B.