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Stem extn card received on reopening case, currently on H4. Am I eligible to work?

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  • Stem extn card received on reopening case, currently on H4. Am I eligible to work?

    Hello,
    I am here to seek advice on my case.
    I was working on OPT which was to expire in Sep 2013, hence I had applied for Stem extension and was waiting for reply. USCIS requested for more evidence by sending a letter in Oct 2013. As I had accumulated about 8 months on unpaid internship they required evidence for my entire work history. In middle of Nov 2013, I received a letter from them denying my OPT extension because of more than 90 days accumulation of unpaid employment. I returned back to India in a week of receiving their letter, and came back to USA on H4 visa in Feb 2014.
    When I came across the post on desi opt forum regarding USCIS reconsidering the denied Stem Extension cases, solely based on unpaid employment period accumulation, I wrote an email to them explaining my situation and requested to reconsider my application. They reopened my case and approved my application. Just yesterday I received my EAD card. Now that I have work authorization card with me it seems that I can start work. But, to my understanding current visa status I hold must be H4 which does provide me the liberty to work.
    Am I eligible to work in this case? Also, what is my current visa status after the latest happenings?
    Please advise me what should be my further actions.
    Note: My work eligibility printed on the card extends from Sep 2013 to Feb 2015.

  • #2
    Could you clarify this point

    '[COLOR=#333333]But, to my understanding current visa status I hold must be H4 which does provide me the liberty to work. '[/COLOR]

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    • #3
      I got H4 visa stamped in Feb 2014 before coming back to United States. Now I received the EAD last week after USCIS reopened my case, while being on H4 visa in US. Does the Stem extn. EAD (work authorization card) solely gives me right to work?

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      • #4
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        • #5
          Your message was posted as anonymous on Facebook wall- (May 28th)

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          • #6
            I think OPT extension was issued in error by USCIS. Once you changed your status to H-4, you lost the benefits of F-1. Your case requires consultation with an attorney.

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            • #7
              It would be of use if your DSO can activate ur completed sevis. But in most of the cases, we have either entered onto a new visa like u on h4 or new sevis like me, which means the old sevis cant be reactivated. I guess these are of no use. Let me know if u have better info.

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              • #8
                1 it is use less for u ..
                2 no u cant work ..u are on h4 now

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                • #9
                  Hi ther, even though u got your opt extension your sevis might be already completed by this time now so you can't re activate it, so it is of no use , and second thing no you are not eligible to work now at this point of time because you are on H4 dependent your stem approval can't help you now .

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                  • #10
                    This is really frustrating. I think this is the second case I am reading this week about a wrong decision being made by USCIS for an EAD following which the careers of those unfortunate enough are wasting away. USCIS should take some accountability or responsibility to amend their mistakes. Why cant they reactivate the SEVIS ?? Do consult an attorney as Imran suggested, I'm sure he/she can provide you with better legal options to follow. Look up in avvo.com, they have some good immigration lawyers. Good luck !!

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                    • #11
                      Thanks all for your replies, in addition to this thread I also checked with my school DSO on this matter, she suggested me to talk to USCIS helpline also she checked with SEVIS helpdesk. Sevis helpdesk replied that my current status being H4 makes me ineligible to work. As suggested by my school DSO, I will also consult with an officer at USCIS local office.

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