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  • Stem opt extension pending

    I am currently on OPT which is valid until Jan 01 2011, I have applied for STEM OPT Extension (27th Oct 2010) which is currently on Initial Review stage at the Vermont USCIS office.

    I have a couple of questions
    1.I understand that I can work until 180 days while my application is pending, whats the case if STEM OPT is rejected after OPT expires, then what options do i have??
    2.Can I file for H1 while my STEM OPT application is pending.

    Any help will be greatly appreciated.

  • #2
    YOU don't file for an H1-B. An employer must file for you. Have you got a qualifying job offer and a willing employer?

    Comment


    • #3
      I know that...Sorry did not mention anything about it.

      I am currently employed with an E-Verified employer and they are willing to sponsor H1B. I wanted to use the STEM OPT period and then apply for H1B.

      Comment


      • #4
        Yes, H1 can be filed while you are waiting for OPT decision. But, once H1 is approved with change of status, OPT will end.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thanks for that update, so basically once H1 is approved OPT is VOID.

          I am more keen to get an answer on my other question (Option), what if STEM OPT gets rejected after OPT is expired??

          Comment


          • #6
            If that happens, you will have to stop working and leave the US.
            The denial notice will state if you have any legal period to leave. In such a period you may request change of status.
            This is my opinion and not legal advice.

            Comment


            • #7
              Is it possible that I can re-apply for STEM OPT or question the decision and get some time and apply for H1-B during that time?

              Or can I change my status to a visitor visa or something?

              Comment


              • #8
                Hey San......... I am in the same boat as you... My initial OPT ends on Dec 19, 2010. I applied for OPT extension in October. they received my application on 20th October...Vermont Service Center...........Still under initial review... I got my first OPT in 3 weeks @ Nebraska Service Center.........Seems like an issue with Vermont.......... did you try calling em?

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                • #9
                  hey..sorry the 1st time i applied was vermont..now i have applied at Texas office...they received my package on 27th oct...its still pending....initial OPT i got within 20 days....

                  what have you planned to do?? I am just worried that for some reason they should not reject my application...do u know what happens in this scenario??

                  Comment


                  • #10
                    Don't worry...Nothing will happen, I think if they had an issue... they would have sent a query by know.... USCIS website shows the average processing time to be 3 months... as long as you have I-797 (notice of receipt) you are good for 180 days..... By the which state are you located in.....Even I filed through Texas Center.... but they would forward your application from there to the centers closer to your location... I am in NJ so mine was sent to Vermont......... Even if they have an issue, you will still have time to apply to some college and still be in F-1 status.... I haven't heard of anyones OPT extension being rejected, unless your documents are not appropriate... May we should wait for some more time.........

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                    • #11
                      Hey what happens to any individual if..anyone has finished his OPT and also extended its stay in US without refiling for any visa...

                      But...left US after completion of 190 days prior to the end of OPT date..

                      Please, answer

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                      • #12
                        @SRK - I guess time will tell....hope we get our extension soon....did u get an email saying your application was forwarded to vermont center?? I live in MD...thats y the 1st time i had applied to vermont but its changed this time around...u can email me on [email protected]...

                        Comment


                        • #13
                          Your question is not clear.
                          Visa is only required to be valid on the day of entry to the US.
                          F1 students are admitted as D/S duration of status. So they are legal as long they remain full time students or undertake approved practical training. One has to continuously maintain legal status by following OPT rules while on OPT.
                          This is my opinion and not legal advice.

                          Comment


                          • #14
                            Thankyou Kabka

                            Well....i did maintained my OPT status for one year but after then neither I filed for an H-1B visa nor I renewed my I-20...

                            I just stayed unauthorised for 190 days after the completion of my OPT...Later, I went back to India and want to go back again to US for the year 2012..

                            Please, suggest will that be possible...?

                            Thanks in advance

                            Comment


                            • #15
                              Travelling on OPT STEM Extension pending application is advisable?

                              I have also filed for my OPT STEM extension in mid of October in the Vermont center and it's still showing as pending.

                              I was wondering whether it's feasible to go and come back from India given that I have yet not received my EAD card yet. I talked to my ISSO people and they told me as long as I have the I797 receipt notice it should be fine.
                              Do you guys have any idea whether it's advisable or somebody did encountered an issue?

                              Thanks

                              Comment

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