Employer liability to accede to Federal Regulations regarding OPT employement

[PThad]

Good Afternoon!

My question is in regard to the OPT-STEM transition. My OPT ends in Jan 2016 and I applied for my 17-month STEM extension in November 2015. I am aware it takes anywhere from 30 - 90 days to receive my new EAD card. According to 8 CFR 274a.12(b)(6)(iv), as long as all my documents have been filed in a timely manner with USCIS (which it has), my current EAD document is automatically extended until I receive my new document.

Today, HR for the company I work for told me that due to I-9 eligibility, I will not be allowed to work after my OPT expires unless I have my new EAD card in hand. Is this an issue other people in the US have faced? Is this a legal argument? Can a company refuse to employ a student on OPT-STEM despite federal regulations mandating employment? I have sent in all my documents and also have received my receipt with the status access number. Basically, everything I have done has been completed perfectly.

Thank you in advance for all your help!

[DesiOPT-FaceBook-Admin]

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...44867212197312 3rd December - Please review comments from other users

[DesiOPT-FaceBook-Fan]

They should be able to do your i9 re-verification using your new i20 that has the OPT extension endorsement on it.

[DesiOPT-FaceBook-Fan]

you can work for 180 days after your initial opt expires and stem in pending https://iss.washington.edu/.../f1.../opt/stem-extension

[DesiOPT-FaceBook-Fan]

The law says you can work, so you can work. Your HR is probably unaware of the law.

[DesiOPT-FaceBook-Fan]

There is no federal mandatory on that, employer has right to terminate u r employment . irrespective of u r rights it is just u r hr misunderstanding of opt program . if they have attorney just rise a request to them.