thakar

Dear All,

I am in very critical situation as currently I am in India and my H1-B stamping has been just done on 12 Sept 2013 and then my Student Visa & STEM OPT which was valid until August 2014 was cancelled with comment "CANCELLED WITHOUT PREJUDICE".

I AM DESCRIBING MY SITUATION AS BELOW.

according to my dso (who asked uscis this specific question) your work authorization can be reinstated if you apply for h1-b during the grace period of your opt. it may take a few weeks, and you won't be allowed to work from the expiry of your opt (in March) and the reinstation of your work authorization (prob. end of april), but then you can work until your h1-b starts or is denied. ask your dso, or uscis. this information is nowhere on the uscis website and the guidelines that the dsos got are not very clear (that's why my dso specifically asked uscis).

Hi Thanks a lot Vroni.., I believe these is great information for me. I have infopass appointment on Monday and I will ask about in detail about, how can I reinstated work authorization.

Another thing is that our school DSOs are not very helpful. actually I am from engineering background eligible for STEM, but I missed the deadline to submit Graduation Award form to my university for December 2012 graduation, so now university will offer degree in May 2013, but technically I have finished all the course work and meeting graduation requirement, my college department can offer the letter stating that "I have finished all the graduation course work."

TO apply STEM,I need degree in my hand, I have ask to USCIS about this situation that I have technically finished all the course work and my departemnt can issue the letter that I have completed my degree requirement, but because of this form University will graduate in May 2013 officially, so will you process my STEM, and USCIS agree to process it,

but my DSO told me that you do not qualify for it as your degree is not officially completed until a transcript noting degree completion has not been issued by the Registrar's Office. International Program office has decided that as an institution, we can not make a document recommending a benefit if we see that you do not qualify for it as you have not yet met all the requirements for graduation. there will not be official university proof of your degree completion until after May 2013. Without that proof, you will not qualify for the STEM Extension.

So I am not hopeful from school but I have experience USCIS people are always helpful & practical.

Again Thanks a lot for your help & guidance.

No, the only way to extend OPT is by a STEM extension. If you are ineligible for the STEM extension, you cannot work past the date on your EAD card.

The OPT is valid for 1 year only. You cannot transfer "unused days" to extend it. In fact, if you accumulate more than 90 days of "unused days" on your OPT, your OPT is terminated and your visa will be void.

I'm sorry but there simply is no way around this without a STEM extension or an earlier H-1b issuance.

Hi Thanks both for your response, but thing is that my OPT is expire on March 2, 2013.

After that H1B application starts from april 1, 2013 and approvd around two month late, May 30, 2013. and effective start date of H1-B is October 1, 2013.

Is there any temporoy kind of visa to fill the gap from opt expiration date and H1-B start date (Oct 1, 2013)

Hi,

Currently I am F1 student and my OPT will expire on March 2, 2013. My company will apply my H1B but effective start date of my H1B will be October 1, 2013.

Please note that I am not able to apply STEM Extension.

I want to know, is there any alternatives for which I can fill this gap between March 3, 2013 to September 30, 2013.

I believe, to I won't be eligible for cap-gap because my OPT will expire before H1B application.

Is there any way I can cancel/terminate my OPT by Nov 30, and save this 92 days (till March 2, 2013) and after 2/3 month I will for that remaining period (92 days)of OPT.

for e.g.

OPT Terminate/cancel on Nov 30, 2013 ==> Remaining Period of OPT 92 days

I'll again apply for OPT starting from March 1, 2013

OPT will expire on June 2, 2013

By that time my H1 B application will be there so I can apply for cap-gap too

Is it possible to terminate and resume the time frame of OPT???

Please let me know if anybody know about any other visa or how to come out from this situation...

Please advice me, if any body have idea about this situation....

Situation:

I am current MS EE student in California.

I am doing internship on Post OPT and also working toward my MS final projec. Technically, I'll finished all my course work by Dec 2012.

OPT Expire on: 03/02/2013

Due to some unforeseen circumstances, I went to India in August and skip the Deadline to submit Award of Graduate Application for Dec 2012, so university will confer the degree in May 2013 instead of Dec 2012.

Now situation is that, when I need to apply for STEM Extension after Macrh 2, 2013 which is OPT Expiration date, I am not able to provide my degree till May 2013, but technically I already met my graduation requirement by Dec 2012. So at the time of STEM application, I can only provide my transcript along with the department letter that I have finished all my graduation course work.

So now my concern is

- can I apply for STEM Extension with my transcript along with the department letter that I have finished all my graduation course work and will receive the graduation certificate in May 2013.

What I have tried till Now:

- I have called to NCSC and talk with 2 nd level cust. care service and she said, according to USCIS to be eligible for STEM, student should conferred the degree but as you receiving your Graduation in May 2012, you may try with the application, but I can not say you will receive the STEM, it will be case by case basis.

I have also asked her, Can I return my EAD and recapture the remaining time frame later on, she told that, you can return the benefits (EAD) but not sure you can use that later on or not. I have also made infopass appointment for Nov 19, 2012. but it would be great if anybody have idea for it.

Also in case of my employer, suppose if they apply my H-1B, then will I be eligible for cap-gap until my H1B start date ?

because my OPT expiration date is March 2, 2013 after that within in the date of my H1B approval, will I be eligible for cap gap ?

I appreciate advice and suggestion to come out from this situation.

Hi

I have applied for I 765, pre OPT (EAD).

Application received on Fab 27,

Made request to expedite based on job offer letter (start date Feb 13, 2012)

asked to submit the job offer letter and few other document then I have faxed & mail too on Fab 8, 2012

Today, I got update today through 1 800 as below

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny.

I called to my employer and asked for extension on my joining date which was originally Feb 13, 2012. He is not agree to wait for another 45 days and in worst case asked to work on my CPT.

To get CPT authorization, as Student Exchange Visitor Program (SEVP) policy for Curriculum Practical Training (CPT) is as below

CPT cannot be granted as a hold until OPT EAD has been issued. So I need to withdraw my EAD (I 765 ) Application, to be eligible or CPT.

Is anybody aware about this situation, please let me know how many days it will take to after I'll faxed to California Service Center to get withdrawal confirmation of my application, becasue only after that i will be eligible to apply for CPT to my college.

45 days from Feb 8th - when you requested the expedite and sent them the proof papers.

It means they are looking at it right now and going to approve or deny it soon(45 days)

Okay ....thanks.....

I hope it will be before that and approve...

That msg says they are looking at your case and you will hear from them in about 45 days.

Nothing you can do but wait and see.

This 45 days will consider from today or received date of application???

If it's 45 days, it means they are basically not considering to expedite the case....right??

Hi

I have applied for I 765, pre OPT (EAD).

Application received on Fab 27,

Made request to expedite based on job offer letter (start date Fab 13, 2012)

asked to submit the job offer letter and few other document then I have faxed & mail too on Fab 8, 2012

Today, I got update today through 1 800 as below

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny.

Anybody have idea , what is going on with my application, basically I heard that expedite request is either approved or denied .....

But I am always getting new response from my case.....

Any help/suggestions are greatly appreciated.........

Thanks

Hi,

I have applied for full time Pre OPT (EAD, I 765). I have offer & have tried to expedite but it's not possible, need to wait more than one month, company has immediate requirement.

Is there any immigration rule on which student can work as a volunteer. I don't mind to work as an volunteer, but I am not sure company will allow me to work or not as volunteer and it's legal. M

Is there any legal option on which I can ask for volunteer job, after EAD approval I'll join as an intern

You need to try again in 30 days or so. Then you send lots of evidence and a typed request on why you need the expedite.

Ok, then I will try it.

Thanks

From my own personal experience (been denied expedite requests on 5 occasions) you should just forget about it. They are really not considering them nowadays as often as before. I would just wait 30-60 days and then try to make an expedite request again. Good luck to you and I hope you have better success than I did trying to get an expedite fulfilled.

Sorry I could not get your point, you mean wait is better option.???

What process are you trying to do? You have F-1 in your profile, and your post doesn't indicate what NOA1 you are talking about.

Hi

Sorry for that.

I have sent application for I 796 (Pre OPT),

I got receipt # (I 797C) form by Fab 3, I have made expedite request on same day, on Monday, through 800 I knew their response:

Please submit a letter from your employer detailing the job offer, the date you are schedule to begin work, any requirement regarding an employment authorization card and any other criteria your employer is requiring

Then I have sent requested document by fax and mail too.

Then it's reject as they don't seem it need to expedite it.

should I have to make my request again or what are the strong reason I have to provide provide it so that they can reconsider it & approve it.???

Hi,

I have sent Application on Jan 27, got my I 797C and expedite it and they don't seem that my application need to expedite & reject it

I have sent my offer letter which start date is fab 13, should I have to make my request again or what are the strong reason I have to provide provide it so that they can reconsider it & approve it.

I have selected : financial loss from Individual

Extremely emergent situation

My medical treatment

but in response they ask me to submit offer letter & after that they rejected & did not asked be about my treatment & relevant documents.

Please guide me & it's my first job & delay cause terminating my job.

F-1 visa holders are on a non-immigrant visa. What can a senator do? Think about it, senators and congressmen are motivated to help US citizens or immediate relatives of US citizens, not the case with a non-immigrant.

What's the problem, maybe we can help

Good luck

I want to expedite my EAD, I have already request them to expedite my EAD and waiting for their response. company asking start date, Fab 13 ,2012. Delay cause terminate my job. maximum one or two weeks of delay can be considerable but more than 2 weeks company can't wait. and they need to start interview again as it's immediate requirement.

My application received by USCIS on Jan 27 and I have I 797C.

Thanks

Ankit

I want to expedite my EAD, I have already request them to expedite my EAD and waiting for their response. company asking start date, Fab 13 ,2012. Delay cause terminate my job. maximum one or two weeks of delay can be considerable but more than 2 weeks company can't wait. and they need to start interview again as it's immediate requirement.

My application received by USCIS on Jan 27 and I have I 797C.

Thanks

Ankit

F-1 visa holders are on a non-immigrant visa. What can a senator do? Think about it, senators and congressmen are motivated to help US citizens or immediate relatives of US citizens, not the case with a non-immigrant.

What's the problem, maybe we can help

Good luck

I have contacted congress person and she assign my case to one of her case worker but I am not sure what they are doing ??

Hi,

Is congress person of our area will help to the student who are on F-1 visa on USCIS related issues or they just help to Green card /citizen/ or person whose family members are US citizen....????

Hi,

I have applied for EAD I-765 (Pre OPT). I trying to expedite it but is it possible to start work on the receipt we received by USCIS that our application is received by them.

You need to follow the prompts for address change to talk to an operator.

Thanks you, I'll try this option on monday.

Hi,

In case of lost receipt, anybody knows hows to contact USCIS, as I tried to make call, I could not get any option over the phone that allows to reach customer representative in case of lost receipt (without receipt #).

We've got like half a month total to process it, I doubt you will have it on time (even with expedited application, not mention RFE) Could you ask your employer to delay the job? Good luck.

Yes, Might be one or two week would be considerable but more than that'll be .......

Have you applied for OPT yet? Have you completed the I20 with your DSO?

If yes, send a copy of your work offer letter to USCIS and ask for an expedite

Good luck

yes I have received I 20 from our university International office & it mentioned the duration of the Pre OPT from Feb 10 to August 31 for full time.

I have already sent that document to USCIS yesterday but still not have receipt # so how can I send the offer letter separately I mean how, they will find & combine my application package with the offer letter.............

Thank you for co operation ...please update me about this ...

Do you have recommendation letter from school?

Yes, I have kind of cover letter it's mentioned that student is working toward his project and as per the new rule he can apply for full time pre OPT etc etc....

and letter is address to USCIS Adjudicator. I believe it's kind of cover letter and exactly not the recommendation letter.

But I got another offer letter(I made request) from my company that address to USCIS oficer.

Thanks for your co operation. please let me know if you nee more details from my side.

Hi,

I am from SJSU, CA on F-1 visa, I just got offer for full time 40 hrs/week and it require to have Pre-OPT status.

company expecting Start date would be Feb 13, maximum one or two week late joining can be considerable(not sure) but after that offer will be terminate as it's immediate requirement.

So please let me know how can I get OPT ASAP. I have sent document today to USCIS Phonix Lock Box ...............also in application package I have include my cover letter along my offer letter with hope that, they'll consider my case on expedite mode.

But I am in very tense in case of rejection, & how to further initiate process. I have booked my appointment at San Jose Field office and I am hoping that by that time I'll get receipt number, but I don't know whether that office will allowed me to discuss & consider my case.

I am ready to go Phonix office in person but don't know how to approach them. Please let me know if you need more details from my side.

I will greatly appreciate any help/ suggestion in this regards.

Thanks

Ankit