STEM OPT Extensions

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding STEM OPT extensions.

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

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[Nur]

Hi!

I am a STEM field graduate. Currently I am on OPT (not extension) and the university that I have graduated has lost the Accreditation and reapplying for different Accreditation company. Because of that I cannot apply for OPT Extension. The university is planning to get the new accreditation in September this year. As my OPT end in June, can I change my status to F2 in June, and when the university gets the new accreditation, apply for OPT Extension?

Thanks in advance.

[sharu]

My OPT extension got denied last week, I got the response from USCIS that my company name and e-verify number doesn't matching. For the first time my company given wrong e-verify number to USCIS then I got RFE on my OPT extension.Then I have provided correct e-verify number to USCIS with my supported RFE documents. Then I got denied on my application from USCIS with in one week, as my company name and e-verify number doesn't matching. Now, I am planning to apply for motion to re-open on my application. Actually I am in india right now, I don't have any legal status to enter into US. And my initial OPT was expired on jan-25-2017. Please give me any suggestions for further process, I am very afraid of my situation.

[Attorney_22]

On 3/11/2017 at 10:19 PM, Nur said:

Hi!

I am a STEM field graduate. Currently I am on OPT (not extension) and the university that I have graduated has lost the Accreditation and reapplying for different Accreditation company. Because of that I cannot apply for OPT Extension. The university is planning to get the new accreditation in September this year. As my OPT end in June, can I change my status to F2 in June, and when the university gets the new accreditation, apply for OPT Extension?

Thanks in advance.

Hi Nur, since your question is about case strategy it is better to call our office and speak to one of our attorneys about the pros and cons of your options. 

[Attorney_22]

On 3/14/2017 at 6:54 PM, sharu said:

My OPT extension got denied last week, I got the response from USCIS that my company name and e-verify number doesn't matching. For the first time my company given wrong e-verify number to USCIS then I got RFE on my OPT extension.Then I have provided correct e-verify number to USCIS with my supported RFE documents. Then I got denied on my application from USCIS with in one week, as my company name and e-verify number doesn't matching. Now, I am planning to apply for motion to re-open on my application. Actually I am in india right now, I don't have any legal status to enter into US. And my initial OPT was expired on jan-25-2017. Please give me any suggestions for further process, I am very afraid of my situation.

You should call our office to schedule a consult with one of our attorneys that can guide you specifically for your situation. 

[JoeF]

On 3/11/2017 at 9:19 PM, Nur said:

Hi!

I am a STEM field graduate. Currently I am on OPT (not extension) and the university that I have graduated has lost the Accreditation and reapplying for different Accreditation company. Because of that I cannot apply for OPT Extension. The university is planning to get the new accreditation in September this year. As my OPT end in June, can I change my status to F2 in June, and when the university gets the new accreditation, apply for OPT Extension?

Thanks in advance.

Once you change status, your OPT is gone. You would have to enroll in a higher degree program to get OPT again.

 

[Lilib]

Hello,

I am currently on OPT - I graduated in May with an F-1 visa. My major is eligible for a STEM extension and I am currently a paid intern in a company relating to my major. I was wondering if a paid internship was considered employment under STEM? 

Thank you,

Lili

[Sat]

Hi,

A family member of mine  got STEM extension approval last week but for  one year instead of two years. He applied for extension in December of last year and his last OPT expired in the middle of February this year. Please advice how can we get this corrected?

Thanks

[ashhu101]

Hi,

I have a situation with my OPT. I applied for my OPT extension on Dec 12 (case received by USCIS received I-797) and did not receive any status updates/ communication from USCIS after that. Its been almost 98 days now still the online case status shows as "Case was Received".
Is there any possible way for us to expedite the process/ case as my license expired already and I am having trouble travelling back and forth to work and university.

I contacted USCIS customer care on 6 March, they conveyed the the same reg my latest status 'case was received' and informed that what ever you see online is your current status - response from customer support.
I have appointment for walk-in (using Infopass) on 22 Mar - will it be helpful? Any ideas on right questions we need to be asking them during walk-in to expedite the process.

Thanks

[Attorney_22]

On 3/17/2017 at 8:14 AM, Lilib said:

Hello,

I am currently on OPT - I graduated in May with an F-1 visa. My major is eligible for a STEM extension and I am currently a paid intern in a company relating to my major. I was wondering if a paid internship was considered employment under STEM? 

Thank you,

Lili

The following article will be useful for answering your question: https://www.murthy.com/2016/04/08/24-month-stem-opt-effective-from-may-10-2016/

 

[Attorney_22]

On 3/20/2017 at 9:32 AM, Sat said:

Hi,

A family member of mine  got STEM extension approval last week but for  one year instead of two years. He applied for extension in December of last year and his last OPT expired in the middle of February this year. Please advice how can we get this corrected?

Thanks

It is advisable call our office and speak with one of our attorneys that focus on student issues and STEM. 

[Madhu Kolla]

Hello ,

I am an F1 student on my initial 12-month OPT which expires on April 29th. I cannot apply for stem extension since my college is accredited by ACSIS which lost its recognition .My employer has filed my H1 and I will not know if my case gets picked up until mid of May . Can I work in this mean time between April 29th and the date I get my I 797 indicating that my H1b is picked up and is in processing ( If its picked) ? 

[Attorney_22]

16 hours ago, Madhu Kolla said:

Hello ,

I am an F1 student on my initial 12-month OPT which expires on April 29th. I cannot apply for stem extension since my college is accredited by ACSIS which lost its recognition .My employer has filed my H1 and I will not know if my case gets picked up until mid of May . Can I work in this mean time between April 29th and the date I get my I 797 indicating that my H1b is picked up and is in processing ( If its picked) ? 

Yes, the cap-gap provisions will allow continued employment passed the April 29th expiration until either the petition is not picked in the lottery and returned, the case is denied, or if approved, the work authorization will continue until October 1, 2017 (assuming the start date of the H1B petition is October 1, 2017).