STEM Extension Denied because of change from 17 to 24 months

[minesh]

Hello All,

I am facing a complicated situation here. I applied for STEM extension of 17 months around may 5th. USCIS got it on 13th May. Because it was before 10th may, my university issued 17th months request I-20. I got a denial today from USCIS stating the reason for denial as "You applied for 17 months extension however the rule is for 24 months extension". My university initially said to me that i should get RFE and then we can apply for 24 months. But now i directly got Denial. What should i do now.? anyone facing the same issue?

[DesiOPT-FaceBook-Admin]

Your question will be reviewed by our moderator and posted on Facebook wall at http://www.facebook.com/desiopt1 within 24-72 hours.

SEARCH: Your question might be answered earlier, search previous post at http://j.mp/desioptforumsearch

ATTORNEY: In addition to the readers comments, You can also call attorneys for free advice. DesiOPT is collaborating with group of attorneys. You can contact them directly via email/ phone. Initial Consult is Free.

http://desiopt.com/company/33089/Law-Group

http://desiopt.com/company/1134/Attorney-At-Law

http://desiopt.com/company/3547/The-HMA-Law-Firm

http://desiopt.com/company/3460/Janethalaw

Please let us know your feedback after the call.

JOBS: review FAQ number 5 & 8 at http://desiopt.com/faq

NEWSLETTER: *** Don't Miss Important Topics, Subscribe to our Newsletter at http://bit.ly/1da2vrz ***

F1STUDENTCONNECT.com: Classified portal exclusive for F1 Students http://j.mp/f1con

OPT TRACKER: Track your OPT http://j.mp/1EyVFLw

INVITE FRIENDS: Feel this community useful, then invite your friends by following below steps

1. Goto http://facebook.com/desiopt1
2. Find "Suggest DesiOPT.com to Your Friends" - Click on "See All" and Invite your friends
3. If you can't find the link, refer http://bit.ly/16CAYOb

[rkrajkumarreddy]

Hello All,

I am facing a complicated situation here. I applied for STEM extension of 17 months around may 5th. USCIS got it on 13th May. Because it was before 10th may, my university issued 17th months request I-20. I got a denial today from USCIS stating the reason for denial as "You applied for 17 months extension however the rule is for 24 months extension". My university initially said to me that i should get RFE and then we can apply for 24 months. But now i directly got Denial. What should i do now.? anyone facing the same issue?

Buddy you were misguided by your university
FYI-
Students should file the Form I-765 with USCIS without the Form I-20, but include a statement that indicates the following:
"Due to new regulations, I must apply for the seven-month extension of my STEM OPT before SEVIS supports it. I will provide a Form I 20 with the extension recommendation after USCIS requests it."
Link dated April 14 2016,http://www.nafsa.org/Professional_Re...PT_Rulemaking/

[pranay89]

Hi minesh,I'm facing the same problem.Can i know how you are proceeding further right now.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...25267517490613 15th Aug - Please review comments from other users

[DesiOPT-FaceBook-Fan]

Your application got recieved on May 13th?

[DesiOPT-FaceBook-Fan]

if your application received before may 10 then u may get RFE .open an MTR and give a try

[DesiOPT-FaceBook-Fan]

Open MTR explain it clearly with university attorney help

[DesiOPT-FaceBook-Fan]

1. No need to go for MTR, because mistake from your side that u applied 17 months after May 10th.
2. Mean while You can reapply new one because as your opt is expiring on August 16th, you still have a time to apply for new one caz after expiration of ur initial ead there is 60 days time where you can process for new one.
Better to go with new one not for MTR.

[DesiOPT-FaceBook-Fan]

Even i am in the situation but my opt has expired on july 15th can i still apply again ?

[DesiOPT-FaceBook-Fan]

I guess u have time to reapply, because till sep 15 u got ur time and can u inbox me ur denial notice, so, that I can judge your case my level best.

[DesiOPT-FaceBook-Fan]

Have you looked into filing an MTR for the denial? I am an immigration attorney and have helped several students successfully obtain a reversal of denial. I am passionate for this work because I was on a student visa myself and have gone through the OPT process. Feel free to reach out to me if you have any questions. Thanks.

[DesiOPT-FaceBook-Fan]

you are wrong. You cannot apply for stem extension after your OPT expires. 60 days period is to leave the country not for applying.

Ref: https://www.uscis.gov/.../questions-...wers-extension...
see When must a student apply for an OPT extension? section

[DesiOPT-FaceBook-Fan]

Yes I know about this rule but this is different from what we have been trying to see their problem here because if there is denial for any other particular reason which they might not solving that issue, at that point then they need to go for school because of 60 days period to leave the country. But we can see their problem here they got Denial letter because of 17 months i20 issue after may 10 it has been reached to USCIS where we can solve this problem and I think it is mentioned on their denial letter. So, my idea is they can reapply new petition and another 60 days time period is there where they know their problem and may solve it. Try for luck. Let's hope for the best.

[DesiOPT-FaceBook-Fan]

did ur got denial too becuase of 17 months application? when was ur case received? any rfe? when was it denied?