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Initial OPT Expires on April 28,2016 and OPT extension denied cause college didn't update in my SEVIS

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  • Initial OPT Expires on April 28,2016 and OPT extension denied cause college didn't update in my SEVIS

    Hi, My initial opt started on April 28,2015 and i reported my initial employment on July 16,2015 to college. Then i changed my employer and reported in college on September 8,2015. I applied for my OPT Extension on Feb 5,2016. On April 7 2016 got a mail from USCIS saying the i have not worked for 133 days and hence rejected my OPT Extension. After i contacted my college they said that they have not reported my initial employment to SEVIS and they have to correct it, but to do that i have to apply for "Motion to Reconsider". I applied for H1B but am not sure till i get the results(Didn't think this would happen so didn't apply for premium).
    i am working as a full time employee and i cannot afford to loose my job. My question is after April 28,2016 my initial OPT will expire, will i be able to work till i get the H1b results. I know that i cannot work if a motion to reconsider is in progress.
    I would really appreciate if anyone could help me out from this situation.

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...37134356303930 15th April - Please review comments from other users

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      • #4
        Originally posted by prudveer View Post
        Hi, My initial opt started on April 28,2015 and i reported my initial employment on July 16,2015 to college. Then i changed my employer and reported in college on September 8,2015. I applied for my OPT Extension on Feb 5,2016. On April 7 2016 got a mail from USCIS saying the i have not worked for 133 days and hence rejected my OPT Extension. After i contacted my college they said that they have not reported my initial employment to SEVIS and they have to correct it, but to do that i have to apply for "Motion to Reconsider". I applied for H1B but am not sure till i get the results(Didn't think this would happen so didn't apply for premium).
        i am working as a full time employee and i cannot afford to loose my job. My question is after April 28,2016 my initial OPT will expire, will i be able to work till i get the H1b results. I know that i cannot work if a motion to reconsider is in progress.
        I would really appreciate if anyone could help me out from this situation.
        My situation is also same as you, only current employer Y(start date is after 90days of OPT start date) details are included in STEM I20. After sending my OPT STEM packet to USCIS, DSO updated my previous employer X(start date is before 90days of OPT start date) details in SEVIS. I20 which i included in OPT STEM packet contains only employer Y details. I will get RFE for sure, so my question is will there be any chances of deny? Please reply

        Comment


        • #5
          so basically ur DSO just updated ur 2nd employer which u started on September 8th. Did you check your i20 if it had both the employers listed in that before submitting ur opt extension package.

          Comment


          • #6
            It has only second employment in it and i dont know to check that before so i just sent it as it is to uscis thinking everthing is fine

            Comment


            • #7
              As said above take advice from a attorney preferrably a good desi with sound knowledge of how things work.

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              • #8
                Best suggestion would be to Talk to an Attorney !! Do it ASAP

                Comment


                • #9
                  If u get notified abt your success in lottery by april 28th , u ll be under cap gap n can work. Meanwhile u can apply fr an MTR using the emails that u sent to school asking them to update SEVIS with employer details. Go through an attorney for applying MTR. Unfortunately u cannot work if u dont hear abt ur H1B.

                  Comment


                  • #10
                    Originally posted by DesiOPT-FaceBook-Fan View Post
                    If u get notified abt your success in lottery by april 28th , u ll be under cap gap n can work. Meanwhile u can apply fr an MTR using the emails that u sent to school asking them to update SEVIS with employer details. Go through an attorney for applying MTR. Unfortunately u cannot work if u dont hear abt ur H1B.
                    Hi,
                    I have same situation. my OPT is expired on March 15,2016 and but H1b is picked up. how can i continue my full time job with OPT extension is expired?

                    Comment


                    • #11
                      Originally posted by DesiOPT-FaceBook-Fan View Post
                      so basically ur DSO just updated ur 2nd employer which u started on September 8th. Did you check your i20 if it had both the employers listed in that before submitting ur opt extension package.
                      Hello, I have a similar problem.

                      My payroll is run by two employers but I am a full time employee of my primary employer and the client is the same.
                      My i20 does not have the name of the second company who gives me half of my payroll.

                      I have submitted my opt extension already.
                      I do not know what to do and what to expect

                      Comment

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