what happens if stem extension is denied attorney

Use an attorney to reason with USCIS

. You may get an approval. 2,You had 60 days of grace period out of which you have used up some days to apply late for Post-EAD and some 13 days to apply late for STEM extension. You have the balance days grace period to take up a new program to maintain status in case denial comes into picture.

Full Answer

What can I do if my OPT STEM extension is denied?

My initial OPT expired on July 22, 2013. I applied for my STEM extension on July 10th and was received on July 11 by USCIS. I received a receipt on July 16th 2013. I recently checked on the USCIS.gov website and found that a denial decision has been made on my case. I cannot imagine anything wrong with my application.

Is there a 24 month STEM OPT extension?

Sep 08, 2013 · STEM extension denied, OPT expired 3 months back Hi ,I came to USA in dec 2009 on a student visa to a ABC University. I finished my Masters in May 2012 and applied for OPT. My OPT was going to expire June 24th 2013 and so I applied for STEM extension in March last week so that USCIS recieved my packet on April 1,2013.

What happens if my opt application is denied?

Jun 18, 2019 · Need help regarding my OPT STEM EXTENSION which was denied on June 12th 2019. my initial OPT expired on may 19th 2019, i applied for the STEM EXTENSION on feb 28th 2019, and the reason they have stated for denial was: “ A review of your application, all supporting documents submitted and SEVIS indicates that the degree program you completed in Business …

What happens if STEM extension is denied?

Normally, if your OPT/STEM OPT Extension is rejected, you must file a completely new application withUSCIS. If the application is rejected after your filing deadline (the end of the 60-day grace period for OPT; end of the OPT EAD for STEM OPT) refiling would normally be denied.Mar 2, 2021

Why would STEM OPT be denied?

Below are some of the most common reasons applications have been denied: Didn't mail the application within 30 days of getting the OPT recommendation. Applied more than 90 days before end date of the program of study. Didn't apply before the 60th day after completion of the program of study.

Is there a 60 days grace period after STEM extension rejection?

If your application for a STEM OPT extension is denied during the 180 days, you will receive a 60-day grace period to prepare to depart the U.S., apply for a graduate program, or apply for an adjustment of status to a different nonimmigrant visa.Jul 16, 2020

How many times can you apply for STEM extension?

A student may participate twice in the STEM OPT extension over the course of their academic career. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial (usually 12-month) period of post-completion OPT.

What can I do if my OPT is denied?

What to Do if your OPT STEM Extention is DeniedReenrolling in another academic program of study at your current school.Enrolling at a new college or university and transferring your SEVIS record.Apply for a change of status in another visa category.

How long does it take for stem OPT to be approved?

about 90-120 daysProcessing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.

Does USCIS reject OPT?

A rejection occurs when the USCIS Lockbox (mailing) Facility sends back your entire OPT application packet without sending it to a Service Center for processing. Potential reasons why: ... *Please note that USCIS DOES NOT process your payment for a rejection.

How long can you stay after STEM OPT expires?

sixty calendar daysWhen you have completed your STEM OPT, you are permitted to remain in the United States for up to sixty calendar days from the end date of your STEM OPT period in order to prepare for departure. You are not permitted to continue employment during this period (unless authorized under the H-1 cap-gap benefit; see below).

How long is the STEM OPT extension?

24-monthThe STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field. On May 10, 2016, this extension effectively replaced the previous 17-month STEM OPT extension.

Can you work while STEM OPT is pending?

What can you do while waiting for STEM OPT approval? Your work authorization is automatically extended for up to 180 days while the 24-month STEM OPT extension application is pending. The USCIS receipt notice is documentation of the extended authorization. There is no interim EAD.

Can I travel while STEM OPT is pending?

Travel while STEM OPT application is pending, after the Post-Completion OPT EAD expires. You can travel abroad and reenter the U.S. with your expired Post-Completion OPT EAD card and the original receipt notice for your STEM OPT application issued by USCIS.

What is the latest that USCIS can receive your STEM extension application?

USCIS must receive your OPT STEM Extension application before the expiration date of your post-completion EAD and within 60 days of the OPT STEM recommendation. You can apply up to 90 days before your post-completion EAD expiration date.Jan 13, 2022

Alexander Joseph Segal

Your employment is done you are not authorized to work any longer. As to the Motion, I suggest you first get the letter and learn the reason for the denial and then schedule a consultation with an experienced immigration attorney locally. As you have said, you need help. Such help will not come from AVVO.

Pablo Husayn Nossa

Sounds like you have put yourself in a bind. You should hire a qualified immigration attorney.

Giacomo Jacques Behar

You can continue working all the while your current OPT is still valid. No, you cannot work past that validity date, nor while an appeal or MTR is pending. Usually an appeal or MTR is pure waste of time, with the USCIS service center simply reaffirming and reissuing its own denial anew. Best to refile, if you still in time.