Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

STEM OPT was rejected after OPT expiration

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • STEM OPT was rejected after OPT expiration

    Hello!

    My STEM OPT form I-765 was rejected as the filing fee was not submitted along with the application. The details of my case are as follows.

    Background:

    ? I came to USA on F2 visa in April 2014 as my spouse was on F1.

    ? My spouse?s H1 got approved and I did a COS to H4.

    ? For pursuing higher studies I changed my visa status F1 and it got approved from August 08, 2016 to D/S.

    ? My spouse?s H1b is currently valid till 2020 and Form I-140 got approved in February 2018.

    STEM OPT Rejection:

    ? My OPT was valid from August 2, 2017 to August 1, 2018. I was working as a contractor for a client company A and was getting paid by company B who hired me. Due to the new USCIS guideline for people working on client companies potentially getting denials for STEM OPT extensions, I did not apply STEM OPT via company B and I started looking for full time permanent positions and eventually got hired full time with the same client company A.

    ? I was hired full time by the company A on July 16, 2018 and it was company A?s policy that even the STEM OPT extensions be filed by company?s law firm.

    ? The Law firm associated with current company A has filed my STEM OPT application and application was received by USCIS on July 25, 2018 (7 days before my OPT expiration).

    ? I received a rejection notice dated August 8, 2018 from USCIS on August 14, 2018 advising me that the application was being returned because payment amount is incorrect or has not been provided so re-apply with complete fee and all the required documents. I reached out to the law firm and they said they forgot to submit the application fee along with my application.

    ? I?ve stopped working since August 14, 2018 as I don?t have a valid work authorization and that?s when I came to know about the rejection.

    Possible options/Questions I have:

    ? I can resubmit the application with the proper fees again but my OPT expired on August 01, 2018 so if I submit my application again would USCIS consider the fact that I originally submitted the application on July 25, 2018 and process it accordingly?

    ? What is my current status? The 60 days grace period after OPT expiration will kick in from which date? August 02, 2018 (when my OPT expired) or August 08, 2018 (when rejection notice was generated)?

    ? Can I sue the Law firm and/or the client company for gross negligence and not being able to work because of their mistake? The attorney accepted error on their part for not filing the application with fees on a skype chat but not on paper/email.

    ? Please suggest as to which of the three is my best option in this case? Also, if there are any other options except these three.

    o Amend my spouse?s H1B and file my H4 and EAD all together with premium processing (My spouse has an approved I-140).

    o File my H4 and EAD application separately without amending my spouse?s application and potentially getting the approvals within the next 3-5 months.

    o Go back to India and get my H4 visa via the visa interview process and then come here and apply for my EAD card.

    ? Can I file for the STEM OPT, H4 and EAD all at the same time and select the visa type I want to be on based on when I get approvals?

    I would really appreciate if I can get an expert legal opinion in my case as I?m really on the edge right now.

    Thank you!

  • #2
    Hello

    Well. Im not a legal expert or anything, sorry to get your hopes up. Just thought of asking how is your situation going so far? My situation is nowhere the same as yours, but I know how stress can affect you. It really helps to talk.

    Comment


    • #3
      Originally posted by garfield1 View Post
      Hello!

      My STEM OPT form I-765 was rejected as the filing fee was not submitted along with the application. The details of my case are as follows.

      Background:

      ? I came to USA on F2 visa in April 2014 as my spouse was on F1.

      ? My spouse?s H1 got approved and I did a COS to H4.

      ? For pursuing higher studies I changed my visa status F1 and it got approved from August 08, 2016 to D/S.

      ? My spouse?s H1b is currently valid till 2020 and Form I-140 got approved in February 2018.

      STEM OPT Rejection:

      ? My OPT was valid from August 2, 2017 to August 1, 2018. I was working as a contractor for a client company A and was getting paid by company B who hired me. Due to the new USCIS guideline for people working on client companies potentially getting denials for STEM OPT extensions, I did not apply STEM OPT via company B and I started looking for full time permanent positions and eventually got hired full time with the same client company A.

      ? I was hired full time by the company A on July 16, 2018 and it was company A?s policy that even the STEM OPT extensions be filed by company?s law firm.

      ? The Law firm associated with current company A has filed my STEM OPT application and application was received by USCIS on July 25, 2018 (7 days before my OPT expiration).

      ? I received a rejection notice dated August 8, 2018 from USCIS on August 14, 2018 advising me that the application was being returned because payment amount is incorrect or has not been provided so re-apply with complete fee and all the required documents. I reached out to the law firm and they said they forgot to submit the application fee along with my application.

      ? I?ve stopped working since August 14, 2018 as I don?t have a valid work authorization and that?s when I came to know about the rejection.

      Possible options/Questions I have:

      ? I can resubmit the application with the proper fees again but my OPT expired on August 01, 2018 so if I submit my application again would USCIS consider the fact that I originally submitted the application on July 25, 2018 and process it accordingly?

      ? What is my current status? The 60 days grace period after OPT expiration will kick in from which date? August 02, 2018 (when my OPT expired) or August 08, 2018 (when rejection notice was generated)?

      ? Can I sue the Law firm and/or the client company for gross negligence and not being able to work because of their mistake? The attorney accepted error on their part for not filing the application with fees on a skype chat but not on paper/email.

      ? Please suggest as to which of the three is my best option in this case? Also, if there are any other options except these three.

      o Amend my spouse?s H1B and file my H4 and EAD all together with premium processing (My spouse has an approved I-140).

      o File my H4 and EAD application separately without amending my spouse?s application and potentially getting the approvals within the next 3-5 months.

      o Go back to India and get my H4 visa via the visa interview process and then come here and apply for my EAD card.

      ? Can I file for the STEM OPT, H4 and EAD all at the same time and select the visa type I want to be on based on when I get approvals?

      I would really appreciate if I can get an expert legal opinion in my case as I?m really on the edge right now.

      Thank you!

      Where you able to resubmit the documents after your opt expired? Thanks

      Comment

      Working...
      X