24 month stem denied after responding to RFE

[sailu]

Hi Everyone,

I came to US on F-1 status in 2013 and graduated in 2015. My OPT started in May 2015 and I was working from the day I got EAD. I applied for 17 month STEM extension in March 2016 as i'm getting close to end date of initial OPT which is MAY 14, 2016 . As my application was still pending by May 10, I received RFE asking to send documentation for 24 month extension. I responded back to my RFE with requested documents. But, I received a denial letter today. My OPT expired on May 20, 2016 which means I already used my 60 day grace period after my EAD expired. I was not aware of 60 day grace period before. Can some one please let me know the options for legal stay in USA?
I am applying for another Masters degree in a university. But will new university provide i-20 when my sevis is complete even if my F-1 didn't expired. Please help me. I am afraid if this becomes problem for my H1 as I'm out of status now.

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[aaloknaik]

Sorry to hear about your opt denial. About your lawful presence, I think you are covered under H1 Cap Gap. So until you get decision on your H1 you can stay in USA but I am not sure about Working in that time frame. Also could you please give some details on why your OPT was denied. Was it through a staffing firm or consultancy. What did you mention in Client location etc.

[Shiva Shinde]

Sorry for that

I dont get it. Even If your opt expires you have 180 days grace period to work here in USA. My opt is expired on Apr 28, 2016. I have applied for stem extension on Apr 7, 2016. Now I am left with 180 days after my expiration Apr 28, 2016 which is Oct 28, 2016.

60 day grace period is for opt application not for stem extension. Did you apply your extension through a consultant? I guess there might be some other reason for the denial not the grace period. Thanks for sharing!

[vijay33]

Hi Sailu,

Tell us what is the reason of denial. We can help you with that info.

[Helpless87]

Sailu, i was in the same situation 2 yrs ago. Ping me on facebook , i ve replied to the thread , my name is kiranmayi n its in hindi on favebook. I have also helped a few others in the same situation. There's nothing to get worried about. You can overcome this situation. Thanks

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...14263695257662 2nd Aug - Please review comments from other users

[sailu]

Sorry to hear about your opt denial. About your lawful presence, I think you are covered under H1 Cap Gap. So until you get decision on your H1 you can stay in USA but I am not sure about Working in that time frame. Also could you please give some details on why your OPT was denied. Was it through a staffing firm or consultancy. What did you mention in Client location etc.

Thank you Aalok for responding, I'm not on H1 cap gap, my H1B didnt get picked up this year. My Opt was denied because of stem degree not directly related to my job.

[sailu]

Thank you Shiva for response, I am aware of 180 days work authorization when our EAD expires, but this is the case only if our application is pending with USCIS. when that application is denied, 60 day grace period counts from the day your initial OPT expires. I wanted to check what other options I have to stay in US legally now.

[mojojojo]

Hello Sailu,

Can you please let us know reason why they denied your OPT STEM extension?

[DesiOPT-FaceBook-Fan]

60 day grace period does not affect you as u applied u r ext by march and u said u r opt expired on may 14

[DesiOPT-FaceBook-Fan]

What was the reason for denial? Did u submitted all the documents like offer letter etc. along with new i20?

[DesiOPT-FaceBook-Fan]

Unless you state the reason in denial letter nobody can come up with suggestions , you can go with an attorney and use MTR

[DesiOPT-FaceBook-Fan]

So your application got rejected because you sent RFE documents after the OPT expiration date ?? Is that the reason ?

[DesiOPT-FaceBook-Fan]

and as per my knowledge i think we have 180 days grace period not 60