Require guidance regarding OPT STEM denial

[edddy_jz]

Hello,

        I did my Masters in Computer Science from a university in New York. I had been working on my 12 month OPT from July 23 - July 22 2013. My company filed for my H1b visa last April but was not selected in the lottery. I finished my thesis in May 2013 and received a letter of degree completion from my department and applied for the STEM extension as my university issues Degree certificates only once a term.

The letter generally acts as proof that i have finished my degree requirements. The university has issued 100s of such letters and it has always been accepted. In my case the USCIS official denied my STEM application stating that my university has not conferred the degree to me till Aug 1, 2013 which is after my 12 month OPT end date. I received this decision on the 15th of September and on inquiring realized that I have 60 days of grace period to leave the country starting from jul 22, so I left the US on the 60th day which was Sept 20 to avoid any issue of unlawful presence. 

I did so mainly because my company has agreed to file my H1b again in April 2014 and get me back to the US in Oct 2014.

I filed an MTR from a local immigration attorney providing clarification letters from my university DSO and department of CS, that too got denied  yesterday on the same grounds.

 

I worked for 1 month on a Special Employment Agreement from oct to nov which allowed me to work remotely from India for my team at the same level and position. My company counsel assured me that there is a provision for employing an individual without any work authorization so long as he is working from outside US soil.

 

I apologize for the detailed and long message but I wanted to provide a clear picture of my situation before asking my questions. 

 

1. Would my situation cause any problem for the H1B which my company is going to file in April 2014? 

2. I left the country without accumulating a single day of unlawful presence after i was told that if the motion is denied I would accrue unlawful presence from 20th Sept.

3. If there is indeed any issue, what can I do to resolve it before filing the H1B in April.

4. Is there a way for USCIS to know that I left the country?? I surrendered my i94 and have a stamp while entering the Indian port of entry. Do I need to do anything specifically from my end to notify them that I am no longer in US. 

 

 

I really really appreciate all the help being provided, I left my life hanging in the US on hopes of returning next year. I really want to be prepared and ensure that there are no issues in my H1b  application..

 

Eagerly awaiting your expert advice.Thank you very much.

 

[JoeF]

There is no problem for an H1.

[jairichi]

Hello,

        I did my Masters in Computer Science from a university in New York. I had been working on my 12 month OPT from July 23 - July 22 2013. My company filed for my H1b visa last April but was not selected in the lottery. I finished my thesis in May 2013 and received a letter of degree completion from my department and applied for the STEM extension as my university issues Degree certificates only once a term.

The letter generally acts as proof that i have finished my degree requirements. The university has issued 100s of such letters and it has always been accepted. In my case the USCIS official denied my STEM application stating that my university has not conferred the degree to me till Aug 1, 2013 which is after my 12 month OPT end date. I received this decision on the 15th of September and on inquiring realized that I have 60 days of grace period to leave the country starting from jul 22, so I left the US on the 60th day which was Sept 20 to avoid any issue of unlawful presence. 

I did so mainly because my company has agreed to file my H1b again in April 2014 and get me back to the US in Oct 2014.

I filed an MTR from a local immigration attorney providing clarification letters from my university DSO and department of CS, that too got denied  yesterday on the same grounds.

 

I worked for 1 month on a Special Employment Agreement from oct to nov which allowed me to work remotely from India for my team at the same level and position. My company counsel assured me that there is a provision for employing an individual without any work authorization so long as he is working from outside US soil.

 

I apologize for the detailed and long message but I wanted to provide a clear picture of my situation before asking my questions. 

 

1. Would my situation cause any problem for the H1B which my company is going to file in April 2014? 

2. I left the country without accumulating a single day of unlawful presence after i was told that if the motion is denied I would accrue unlawful presence from 20th Sept.

3. If there is indeed any issue, what can I do to resolve it before filing the H1B in April.

4. Is there a way for USCIS to know that I left the country?? I surrendered my i94 and have a stamp while entering the Indian port of entry. Do I need to do anything specifically from my end to notify them that I am no longer in US. 

 

 

I really really appreciate all the help being provided, I left my life hanging in the US on hopes of returning next year. I really want to be prepared and ensure that there are no issues in my H1b  application..

 

Eagerly awaiting your expert advice.Thank you very much.

1. No.

4. Your I94 surrender is good enough.

[edddy_jz]

Thank you very much JoeF and jairichi. I forgot to ask 1 more question.  I dont know if this is true but someone told me that if my MTR is denied I get barred from the US for 3 years. Is this true??

 

Thank you once again

[JoeF]

No, that's not true. Don't listen to rumors.

[edddy_jz]

Thank you very much JoeF