working_usa Posted October 20, 2013 Report Share Posted October 20, 2013 Hello All, The application for Stem extn is Denied after submitting RFE docs. Initially RFE was posted on my application to provide employment history and job description. I have answered the RFE by providing all the requested documents. My OPT exten is denied on a basis of two reasons. 1. I was unemployed for more than 90days. Actually i was unemployed for 45 days only. Since my offer letter says that employment is Trainee Position. USCIS considered it as a unemployed. It was mentioned in response letter which is received from the USCIS is that the USCIS will not considered "Unpaid Intern" and "Unpaid Trainee Position" as employment. This put me in trouble and dragged me into the employment violation of F1status... 2. Work area is not related to the area of study. The letter received from USCIS mentions only one option, that i can re apply for MTR. What are the possible chances for me to get success.. 1. MTR will work or not? These below options are mentioned in letter which i received from USCIS-- 2. Can i apply for ReInstatement with I20 from school. 3. Crossing border with new sevis and i20. Link to comment
jairichi Posted October 21, 2013 Report Share Posted October 21, 2013 Hello All, The application for Stem extn is Denied after submitting RFE docs. Initially RFE was posted on my application to provide employment history and job description. I have answered the RFE by providing all the requested documents. My OPT exten is denied on a basis of two reasons. 1. I was unemployed for more than 90days. Actually i was unemployed for 45 days only. Since my offer letter says that employment is Trainee Position. USCIS considered it as a unemployed. It was mentioned in response letter which is received from the USCIS is that the USCIS will not considered "Unpaid Intern" and "Unpaid Trainee Position" as employment. This put me in trouble and dragged me into the employment violation of F1status... 2. Work area is not related to the area of study. The letter received from USCIS mentions only one option, that i can re apply for MTR. What are the possible chances for me to get success.. 1. MTR will work or not? These below options are mentioned in letter which i received from USCIS-- 2. Can i apply for ReInstatement with I20 from school. 3. Crossing border with new sevis and i20. Talk to a good immigration attorney asap. Link to comment
livliv Posted October 21, 2013 Report Share Posted October 21, 2013 Unpaid internships are allowed during the first 12 months of OPT according to SEVIS OPT Policy guidance document (ICE), a good lawyer can file a successful MTR based on this alone. The job however must be in your field of study and sufficient evidence of that must be provided. Link to comment
t75 Posted October 21, 2013 Report Share Posted October 21, 2013 It was not listed as an "internship". If he actually was working without pay, OP should have timesheets to prove he was in the office. Link to comment
ricky1367 Posted October 22, 2013 Report Share Posted October 22, 2013 Hi, What is your area of study and work you did? Can you let me know please .... I got the same query? Link to comment
ricky1367 Posted October 22, 2013 Report Share Posted October 22, 2013 Hi, What is ur major, and what is your work area? Please provide if you think it is useful to others can benefit from your situation coz I have the same situation. Thank you in advance. Link to comment
ricky1367 Posted October 22, 2013 Report Share Posted October 22, 2013 I have the same query friend. I am from Electrical and right now I am working in IT industry, if you feel ok, let me know what major you are and what job u are working. Thanks in advance... Link to comment
t75 Posted October 22, 2013 Report Share Posted October 22, 2013 If you are an ECE, you should have no problems. Other than that - who knows for sure. Link to comment
working_usa Posted October 24, 2013 Author Report Share Posted October 24, 2013 Major is Mechanical Engineering and working in IT. Link to comment
rahul412 Posted October 24, 2013 Report Share Posted October 24, 2013 Major is Mechanical Engineering and working in IT. For STEM ext, your current job should be related to your field of degree. Link to comment
livliv Posted October 24, 2013 Report Share Posted October 24, 2013 Not just for STEM extension, during the entire OPT you must work in your field of study only. Link to comment
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