OPT EXT Denied


Mani Venkatesh

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My 12 OPT expires on Jan 14, 2014.

Applied for OPT Ext & denied On Nov 5, 2013. 

SEVIS Cancelled on Nov 6, 2013 when OPT is ACTIVE.

What to do? please help

 

 

1. How can SEVIS cancelled when i'm on ACTIVE OPT & in job?

 

2. My DSO raised ticket for SEVIS to activate,How long this might take as my OPT is still valid?

 

3. Thinking to apply for I-290B [vit above point 2 in consideration will this be done quickly?]

 

4. MIS my major[ Not STEM] but did certification on Information Assurance [CIP: 11.1003] is STEM. 

 

5. I submitted my transcript & filled same details of STEM certification in i-765 form too, when applying for OPT EXT. This is how in our university we get full 29 month OPT.

 

6. DSO says it is mistake of officer who didnt notice that i also did STEM course.

 

7. Denial notice says: Ur SEVIS system shows degree MIS not qualified for STEM. But we mentioned in i20 3rd page comments, which is the way they do here& every1 got approved till date except me...[ Feeling very unlucky :( ]

 

8. Is Change Of Status to F1 an option? if so, will that work as my SEVIS is Cancelled?

 

9. what to do?...please have everything in hand couldnt find a perfect solution....

 

thanks,

Mani.

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Dude, you need a degree from STEM field for ext not just certification. It's clear that you are not eligible for ext. But always better to consult an attorney.

Hi Rahul,

 

Thanks for the reply.

The certification which i did is in STEM. You will get this OPT Ext only when you do it along with MIS. Which i did and that is how our university gives complete 29 month OPT to the students with MIS and information assurance certification. 

This has been the  trend in our university and till date no one has been denied.

you can also check the STEM list in following government site for information assurance[ CIP CODE: 11.1003] Link: http://www.ice.gov/sevis/stemlist.htm

 

thanks,

Mani

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Hi Rahul,

 

Thanks for the reply.

The certification which i did is in STEM. You will get this OPT Ext only when you do it along with MIS. Which i did and that is how our university gives complete 29 month OPT to the students with MIS and information assurance certification. 

This has been the  trend in our university and till date no one has been denied.

you can also check the STEM list in following government site for information assurance[ CIP CODE: 11.1003] Link: http://www.ice.gov/sevis/stemlist.htm

 

thanks,

Mani

That link says it: STEM-Designated Degree Program List

It is for degrees, not for some certification.

You can not get an OPT extension with a certificate. That university is wrong. And the people who got OPT STEM got it in error.

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Hi Rahul,

 

Thanks for the reply.

The certification which i did is in STEM. You will get this OPT Ext only when you do it along with MIS. Which i did and that is how our university gives complete 29 month OPT to the students with MIS and information assurance certification. 

This has been the  trend in our university and till date no one has been denied.

you can also check the STEM list in following government site for information assurance[ CIP CODE: 11.1003] Link: http://www.ice.gov/sevis/stemlist.htm

 

thanks,

Mani

That's correct. But I am not able to understand what do you mean by 'STEM Certification'.

Anyhow since you have degree in MIS that degree itself is eligible for ext, I don't think you need to take some certifications.

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That link says it: STEM-Designated Degree Program List

It is for degrees, not for some certification.

You can not get an OPT extension with a certificate. That university is wrong. And the people who got OPT STEM got it in error.

Come on, OPT approved by error.

Student has to submit the transcripts and the degree while applying for OPT ext, so how can they approve it by error.

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Come on, OPT approved by error.

Student has to submit the transcripts and the degree while applying for OPT ext, so how can they approve it by error.

 

It is very possible.  If the university provided an I-20 for OPT STEM extension employment authorization incorrectly or erroneously, i.e. for non STEM designated degree with a comment on page 3 about some STEM coursers / certification, then it is very conceivable that the USCIS had been missing it and incorrectly / erroneously approved OPT STEM extension employment authorizations.  The USCIS adjudication process is not flawless and makes mistakes both ways -- approvals and denials.  If it didn't there would be no immigration fraud, appeals, MTRs, etc.

 

The USCIS is not bound by precedent and explicitly treats each case as unique, so regardless of what happened in the past with other people they can find differently with what appears to be the same set of facts.

 

Maybe in this case the adjudicator took a closer look at the I-20 and saw that it was with a non STEM designated degree (regardless of any comments about STEM certification), or maybe this university has been flagged by the USCIS for closer examination ...  There are any number of possibilities.

 

The only apparent option for the OP is to consult with an experienced, qualified immigration attorney to get an objective, authoritative review of the case, and what options maybe available.

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It is very possible.  If the university provided an I-20 for OPT STEM extension employment authorization incorrectly or erroneously, i.e. for non STEM designated degree with a comment on page 3 about some STEM coursers / certification, then it is very conceivable that the USCIS had been missing it and incorrectly / erroneously approved OPT STEM extension employment authorizations.  The USCIS adjudication process is not flawless and makes mistakes both ways -- approvals and denials.  If it didn't there would be no immigration fraud, appeals, MTRs, etc.

Agreed.

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