RFE for STEM Extension

[saumya123]

I graduated in Dec 2011 and started my OPT in Jan. I was briefly employed but lost my job. I then took up an unpaid volunteer position in my friend’s small company which was just so that I could stay in status. I then found employment again and have been working full time. I applied for my STEM extension, but they’ve asked me for more info., which includes a lot of details about my volunteering position such as detailed accounts of hours worked, projects etc. I don’t know how much of it my friend will be willing to provide as his company is really tiny and he was just doing me a favor.

Based on this, what are my chances of the extension getting denied? My current company will apply for my H1 in April. If I don’t get my extension, what will happen? Is there any other visa my company can apply for so that I can be employed till the H1 kicks in during Oct this year? Thank you so much!

[t75]

The problems of trying to fake the system with "volunteer" employment. He can either provide the requested information or you will be viewed as providing fraudulent information. You should eb denied.

[rahul412]

I graduated in Dec 2011 and started my OPT in Jan. I was briefly employed but lost my job. I then took up an unpaid volunteer position in my friend’s small company which was just so that I could stay in status. I then found employment again and have been working full time. I applied for my STEM extension, but they’ve asked me for more info., which includes a lot of details about my volunteering position such as detailed accounts of hours worked, projects etc. I don’t know how much of it my friend will be willing to provide as his company is really tiny and he was just doing me a favor.

Based on this, what are my chances of the extension getting denied? My current company will apply for my H1 in April. If I don’t get my extension, what will happen? Is there any other visa my company can apply for so that I can be employed till the H1 kicks in during Oct this year? Thank you so much!

If you can't answer the RFE than their is no question of approval.

Their is not "other" visa in keep you in status. If you fall under cap-gap then your employer can file h1 this year but can't work once your current OPT expires.

[Attorney_25]

Be sure you do not provide false information such as claiming job duties that you did not perform, or work during periods when you actually were not working. Fraud can permanently bar you from the US. Also, if you really were working in a position that is not typically a volunteer position, your friend might be on the hook to pay you under state and/or federal employment laws. What was the total period of time of unemployment and volunteer position added together? If more than 90 days, and if you were not truly working during the volunteer period, then you may just need to wait until you can get an H-1B petition approved as well as a new visa at the consulate. A good attorney could advocate the validity of your volunteer period without necessarily presenting all of the documentation requested by USCIS, and might even fight to invalidate the provision limiting the period of unemployment, although fighting the regulation would probably take more time and money than you want to spend.

[pradeep61]

Be sure you do not provide false information such as claiming job duties that you did not perform, or work during periods when you actually were not working. Fraud can permanently bar you from the US. Also, if you really were working in a position that is not typically a volunteer position, your friend might be on the hook to pay you under state and/or federal employment laws. What was the total period of time of unemployment and volunteer position added together? If more than 90 days, and if you were not truly working during the volunteer period, then you may just need to wait until you can get an H-1B petition approved as well as a new visa at the consulate. A good attorney could advocate the validity of your volunteer period without necessarily presenting all of the documentation requested by USCIS, and might even fight to invalidate the provision limiting the period of unemployment, although fighting the regulation would probably take more time and money than you want to spend.

Hi

I am in a similar situation. I have received an for my opt stem extension.

The RFE states that i need to provide proof of employment in my first opt period.

My opt started on Jan 11th 2012 .I have joined in a consultancy 'X' on Jan 25th and got trained over there.I have submitted my employer details with start date of my employment as April 1 2012 to my college as to not execeed more than 90 days of unemployment in the opt period. I did internal project from April 15th to may 15th and i have pay stubs for that period.Later on I moved to other E-verified consultancy 'Y' where i started doing my job form July 9th.

1.) Now the problem is i don't have pay stubs for the period April 1st to April 15th and May 16th to July 8th for the time period I was in contrac with my first employer 'X'.

2.) Also what should be my reply to RFE for the period Jan 11th to April 1st?

3.) I just have a offer letter from employer 'X' stating that i'd worked with him from April 1st, 2012, will that be sufficient to reply to RFE.

Thanks.