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Attorney_22

STEM OPT Extensions and Third-Party Placement

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This week, Murthy Law Firm attorneys will answer questions regarding third-party placement of students working based on STEM OPT extensions.

Rules for Topic of the Week Threads:

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.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Does this new rule apply to only new STEM OPT Extension applicants or even to current STEM OPT students who have already filled their I-983 form and have 1 year of OPT STEM Extension remaining (expires next year)? Thank you.

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On 4/20/2018 at 9:27 AM, jakob said:

Does this new rule apply to only new STEM OPT Extension applicants or even to current STEM OPT students who have already filled their I-983 form and have 1 year of OPT STEM Extension remaining (expires next year)? Thank you.

It's not actually a rule, but appears to be a change in USCIS interpretation. The change to the USCIS website does not differentiate new STEM OPT extension requests from already existing extensions. 

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If a person already has their STEM OPT extension approved recently and is currently working in a client location, does the employment need to be terminated? How long does such an employee get to switch jobs?

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Hello,
I am asking question on behalf of my friend, he recently applied for STEM OPT extension and he is currently employed by a staffing company "A" working in one of its client company "B". Which is under his area of specialization(CSE). His employer runs the paycheck and is an E-verified company. His employer office is at the client site so that he have quarterly reporting and performance review. He is going to apply for my STEM- OPT extension and he got his I-20 from university [ I-983 signed by employer]. 

He was looking through the internet and he sees that OPT-STEM extension wont be approved if you are employed under a staffing company. Is it true?. 

His employer is aware of the training that he is getting when working for the client company. He is not sure what to do now, will his OPT STEM extension be approved?. 

Please do help me on this. and Thank you in advance for taking your time.

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If a person did a masters from United States and working for A company on his first year of OPT. Due to company A is not E-verified, he moved to company B for his STEM OPT Extension. Company B is a consulting firm. Company A is a client of company B. According to the new USCIS interpretation, is it possible for a person to work for company A site being a employee of company B? 

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/stem-opt

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