OPT STEM- Extension RFE

usa_siri

By usa_siri,
in RFE

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usa_siri Member

usa_siri

Posted
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I received OPT RFE from USCIS. USCIS is asking me to provide the Employment History from the Start Date of till the date of April,15.

MY OPT (Initial Start Date)- July 5,2012.

 

I have submitted Employment offer Letter to the School for Employer X1 under which the start date for employment is September 24th. No Payroll is generated on my name with Employer X1.

 

Actually the employer with whom i employed is X 2. The employment offer letter received by employer X2 is not submitted in the School. The start for Date of Employment with x2 is October 22 2013 continued till April 14, 2013.During this period the Payroll Is Generated.

 

Due to some circumstances i have changed my Employer and moved to X3 in april 2013. The Start date with the new Employer X3 was from April 15, 2013. 

 

I applied for OPT Stem Extension. The employment documents submitted  X1 employment Named-I20 only and x3 employment Named I-20 and  also Job offer letter X3 employer which started from April 15,2013.

 

The USCIS has sent me the letter -" Title 8, Code of Federal regulations 274a.13D."

 

I m worried to know what type of documents should i submit in order to get OPT Extension approved. 

 

Please reply here.

 

 

Thanks in Advance.

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rahul412 Advanced Member

rahul412

Posted
Posted

That's the reason why you should update the info in your school DSO office.

 

First contact your school DSO and explain them the problem. From your end, you have to send all the pre employment verification letters, my guess is USCIS wants to check whether you were employed during your initial OPT or not.

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  • 2 months later...
usa_siri Member

usa_siri

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OPT-STEM extension is denied after responding the RFE. The status online is denied, but i did received any letter from USCIS. Techinically am waiting for letter to know the reason for denial. 

 

I'm curious to know what are next chances for me to be in Status. My F1 visa is still valid. Do i get a grace period to join in Univerisity?

 

Please reply me ..

 

Thanks in Advance.

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rahul412 Advanced Member

rahul412

Posted
Posted

OPT-STEM extension is denied after responding the RFE. The status online is denied, but i did received any letter from USCIS. Techinically am waiting for letter to know the reason for denial. 

 

I'm curious to know what are next chances for me to be in Status. My F1 visa is still valid. Do i get a grace period to join in Univerisity?

 

Please reply me ..

 

Thanks in Advance.

You will have 60 days grace period from the day of denial.

But how does joining in some school will be helpful??

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working_usa Member

working_usa

Posted
Posted
I applied for STEM extension and received RFE,.RFE stated to submit employment history and Job description from the date of Initial OPT which is JUly5,2012.

My opt expired on july 4 2013.

After responding to RFE, STEM is denied and considered that i was unemployed for more than 90 days and work area is not related to the Major.

Here is are the OPT response-
Initial start date-July 5 2012.

Received employment offer as" Engineer Trainee" dated Sep 24,2012, with in the 90 days of OPT start date i had a offer in my hand. I continued working from sep 24,2012 to October 19,2012 without any compensation.


From October 22,2013- I was on pay roll, and working as a Business Analyst.


Now OPT extn is denied and stated in the letter, that the i was unemployed for more than 90 days (Violation of F1 status) and work area is not related to major.
If i really violated the F1 status on what basis i did...? In my knowledge violation will be considered when i was unemployed for more than 90 days.

Since my Major is in Mechanical Engineering i worked as a Business Analyst while i was pursuing my Bachelors Degree in Mechanical Engineering at Back Home. After completing masters degree in US i did not get a job in my Major ( Mechanical Engineering) and i thought to pursue my Career as Business Analyst.

It is stated in the letter received from USCIS that to apply 'Motion to Reconsider'. Will MTR will give me a positive result.??

What documents i need to submit.?

What are the options i can follow to process further.

The letter did not mentioned about Reinstatement or back to f1 status. However will USCIS mention this or we have to go from own for reinstatement.


Please help me / suggest me in this situation.


Thanks
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catx Advanced Member

catx

Posted
Posted

After completing masters degree in US i did not get a job in my Major ( Mechanical Engineering) and i thought to pursue my Career as Business Analyst.

 

For OPT employment authorization (initial and STEM extension) you must be employed in the same field as your major -- there are no exceptions. You cannot pursue a career in another field on OPT employment authorization regardless of the reason, including not being able to find a job in your field. You get 90 days to find a job in your field, and if you cannot you are effectively required to leave the U.S. (Remember OPT stands for "Optional Practical Training", and a person on a F-1 visa has stated to the USCIS that they intend to return to their home country.) Based on the information posted about your field of study (mechanical engineering) and your work (business analyst) a Motion to Reconsider (MTR) will not succeed.

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  • 2 weeks later...
working_usa Member

working_usa

Posted
Posted

I would like to file MTR with the help of attorney.

 

However Since my SEVIS is completed. I'm applying for NEW SEVIS i20 will cross the border and get that activated.

 

If MTR is succeeded and OPT extn is accepted will this  sevis come to active? If yes, How abt the new SEVIS i20? What should i do?

 

Please help..

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rahul412 Advanced Member

rahul412

Posted
Posted

I would like to file MTR with the help of attorney.

 

However Since my SEVIS is completed. I'm applying for NEW SEVIS i20 will cross the border and get that activated.

 

If MTR is succeeded and OPT extn is accepted will this  sevis come to active? If yes, How abt the new SEVIS i20? What should i do?

 

Please help..

Are going for another degree?? If yes, then your OPT is gone.

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working_usa Member

working_usa

Posted
Posted

I don't want to apply for Reinstatement or MTR, Because it might take long long period. There are chances where i may not eligible to apply for H1.

 

I have decided to go for another degree and take CPT then apply for H1 in april 2014.

 

I need some info ---

 

Received OPT denied letter on oct 17, 2013.

 

The new I20 generated on Nov 5, 2013.

 

Classes begins on jan 6, 2014.

 

Im curious to know with in how many days i should cross the country to establish new SEVIS from date of denial notice and when should i enter into US before my classes begin.

 

Reply will be much appreciated.

 

 

Thanks

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  • 2 weeks later...
guy123fg Newbie

guy123fg

Posted
Posted

 applied for STEM OPT for extension. I recieved my RFE asking me to provide documents regarding my employement history stating that if I work for end client, document must be signed by end client. I was employed by employer a from jan 12th to july 30th and employer B from August 10th to current. Employer a was fulltime but a consulting company . I worked at their office. Employer B is a contracting company and I am working in location C. I have my contract paperwork ,my all paystubs from both companies. But company B is unwilling to provide me classified information regarding their contract. I admit,they will not. So I asked them to get a template signed between them and my manager stating that I was employed with them and woking on position C. What other document do I need to provide?Is my offer letter from A, pay stubs from A, offer letter from B ,paystubs from B and contract sign doc will be enough?
My opt was to prove that I was not unemployed for more than 90 days but they requested doc to be signed by end client.My employer A and B aare not willing to give out classified company info about end client .Am I in trouble?should I ask them to submit those docs to me?And I am in NSC

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catx Advanced Member

catx

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I have decided to go for another degree and take CPT then apply for H1 in April 2014.

 

From the above statement it seems like you are trying to use enrollment in school and CPT (F-1 visa) as a 'bridge' visa until the next H-1B petition filing. First, it calls into serious question the school that is supporting this activity. Second, using school and CPT on a F-1 visa as a 'bridge' visa is a fraudulent activity.

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