[OPT]SEVP解除了离境五个月的限制？意味着12月毕业OPT有望？

刚刚看到昨天北京放出了位置，觉得返回有望，又查了一下opt的规则

在uscis这个页面https://www.uscis.gov/opt 没有提供特别多的消息，于是我搜了一下5 month rule

在Pittsberg U的这个页面 https://www.ois.pitt.edu/covid-19-webinar-faqs-5-month-rule 解释了5 month rule 来自于一年的full-time enrollment，受制于离境5个月的i-20无效。这里顶端出现了这么一个update：from sevp，5月离境限制exception：因为COVID-19 spring离境，即使离开5个月，依然可以用原来的i20在fall fulltime enroll。

摘录如下：

UPDATE to previous advice: SEVP has announced that the 5 month rule, which was previously explained in the OIS webinar and following FAQ's, will not be enforced for the duration of time that COVID-19 travel restrictions are in place AND the F-1 student remains in Active academic status at their institution. Therefore, if you left the U.S. during the Spring 2020 semester and you remained enrolled on a full-time basis throughout the term, you may re-enter the U.S. on your current I-20, even if your absence is longer than 5 months.

因为时间有点赶，这里我还没有在sevp上搜索相关信息，下午我会再搜索一下更新在这里。

若本消息属实，是否意味着OPT有望？？

希望大家能讨论一下

补充内容 (2020-7-8 13:23):
相关链接：
https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
https://www.ice.gov/doclib/sevis/pdf/bcm2007-01.pdf

补充内容 (2020-7-8 13:24):
ice covid-19 相关
https://www.ice.gov/coronavirus

lz也是一年签刚过期吗，我是这样的。感觉签证能签上都还有机会，就怕使馆又关了

UPDATE 1:

sevp site: gidence, Jun.6th

https://www.ice.gov/doclib/coronavirus/covid19faq.pdf

第一个faq就是这个5 month rule exception

Under current conditions, if an Active F student leaves the United States to complete
the spring term online, their SEVIS record should remain in Active status and not be
terminated. While the temporary measures related to COVID-19 are in place,
students deemed to be maintaining status if they are making normal progress in
their course of study. For that reason, the five-month temporary absence provision
SEVP will allow F and M students to temporarily count online classes toward a full
course of study in excess of the limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR
214.2(m)(9)(v), even if they have left the United States and are taking the online
classes elsewhere. This temporary provision is only in effect due to COVID-19 and
only for schools that comply with the requirement to notify SEVP of any procedural
changes within 10 business days.

faq后面甚至提到了允许发电子版i20

后面有这么一条
4. Does time spent studying outside of the United States during the COVID-19
emergency count toward the one-year requirement for CPT and OPT?

An F student accrues eligibility for practical training whether they are inside or
outside of the United States during the COVID-19 emergency if the student is in
Active status in SEVIS and meets the requirements of their school’s procedural
change plans submitted to SEVP.

里面的activate status在引用的第一段里有提到，20spring会保留为activate

然后。。。

5. Universities that moved to online courses have allowed students to travel to their
home country to complete their studies. Will this international travel alter the
student’s OPT/CPT and social security number (SSN) status?

DHS is evaluating these issues and may issue additional guidance. In the meantime,
since USCIS adjudicates OPT employment authorization requests, SEVP
recommends reaching out to USCIS for further guidance.

后续还有一些

7. Can students apply for OPT while outside of the United States by filing a Form I765, “Application for Employment Authorization,” from abroad?

SEVP understands stakeholder concerns about the need for guidance. As the COVID19 emergency continues, the program will continue to develop guidance on
significant issues and publish it at ICE.gov/Coronavirus. SEVP is collaborating with
interagency components on these issues, including USCIS, CBP and the Department
of State.
The request presented in this question is primarily for consideration by USCIS,
which adjudicates Forms I-765. SEVP is willing to cooperate in implementing such
procedures so long as they are reviewed and approved as part of the DHS response
to the COVID-19 crisis.

根据今年春季发布的通知，5 month rule 被免除了。在最近发布的新政策中，没有提及 5 month rule，所以目前还不确定是否可以。

我之前以为gap和这个5个月有关系，现在看好像是你在F1 status active的情况下离开5个月，gap的话一句不满足F1 status active了。所以如果这次申诉成功，是不是意味着2020 Fall网课的情况下，2021 Spring仍然可以申请OPT，这个存疑哦。不过依照之前的OPT规定，应该不可以。

OPT要求ony full academic year and physically present in the U.S
如果单纯的2020Spring and 2020Fall online 之前没有 在美国，应该不行
而且apply OPT要求人在美国申请。