First denied, then RFE - OPT STEM extension

[proban7]

My situation chronology:-

DEC 2015 - PhD Completion
FEB 2015 - OPT START
MAY 2015 - Started employment ( same field as STEM subject)(contract scientist)
DEC 2015 - New I20 issued with STEM OPT Extension date till Jul 2017
FEB 2016 - Became full time from contract - same role scientist in same STEM field as studies
FEB 2016 - OPT expired (15FEB2016)
MAR 2016 - USCIS received OPT STEM Extension I765 application (14MAR2016)
MAY 2016 - Received I765 Denial (09MAY2016)
MAY 2016 - Last working date (stopped working) - 13FEB2016 (informed employer- 15FEB2016)
MAY 2016 - Left USA for home country (18MAY2016)
MAY 2016 - Received RFE on I765 for OPT STEM Extension EAD employment authorization

Questions:-

1. Is this possible to get approved when I reply to RFE with all details
- reason for asking as the initial denial was due to late submission where as now RFE is for 24 month OPT STEM extension new I20.
2. I am out of the country, can I enter back in US with my valid I20 (valid till JUL2017) but expired OPT, RFE letter ?
3. I am planning to get H4 visa stamping as well. If I get H4 first and still no approval from the RFE, can I enter US with H4 and then reclaim the OPT STEM EXTN ( if RFE is approved later)

[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...63680466982652 24th May - Please review comments from other users

[DesiOPT-FaceBook-Fan]

You haven't clearly mentioned what exactly your rfe questions are. So, all one can say is contact ur employers lawyer and then reply to rfe. Secondly, it's not a good idea to enter us with expired EAD card. Rfe receipt won't be enough. Third question, one person can have only 1 Visa status at any given time. How can you have h4 and f1 stem extension at the same time. So, the answer is no you cannot get stem extension if u r on h4. If u were in US before your EAD expired, then it would have been a different story. You can get h4 and enter as h4 as well but u will lose ur f1 status and u can't get stem extension. Options are in front of u. Choice is urs.

[DesiOPT-FaceBook-Fan]

The application should never recieved to the uscis within the 30 days from the date of i20 issued

[DesiOPT-FaceBook-Fan]

I think should receive.

[DesiOPT-FaceBook-Fan]

The reason for denied is Late Submit, his/her OPT has expired before the application reviewed by USCIS.

[proban7]

You haven't clearly mentioned what exactly your rfe questions are. So, all one can say is contact ur employers lawyer and then reply to rfe. Secondly, it's not a good idea to enter us with expired EAD card. Rfe receipt won't be enough. Third question, one person can have only 1 Visa status at any given time. How can you have h4 and f1 stem extension at the same time. So, the answer is no you cannot get stem extension if u r on h4. If u were in US before your EAD expired, then it would have been a different story. You can get h4 and enter as h4 as well but u will lose ur f1 status and u can't get stem extension. Options are in front of u. Choice is urs.

RFE mentions:
"[B]Please submit a newly issued copy of your Student and Exchange Visitor Information System (SEVIS) Certificate of Eligibility for Nonimmigrant Student Status (Form I-20). This Form I-20 must be signed by the Designated School Official (DSO) on or after May 10, 2016, and must recommend you for the 24-month STEM OPT extension.[/B]"