Change in Employer while OPT STEM Extension

[Shyan]

I have applied to OPT STEM on March 20th 2016,received RFE on May 28th for 24-month I20 and USCIS received my RFE documents on June 20th and still my application is in pending status.Does any one have similar problem..?

I got an new project with other Employer,can I able to run the payroll with the new employer in this transition period.

Any thoughts here !!

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[lisaanderson]

I have applied to OPT STEM on March 20th 2016,received RFE on May 28th for 24-month I20 and USCIS received my RFE documents on June 20th and still my application is in pending status.Does any one have similar problem..?

I got an new project with other Employer,can I able to run the payroll with the new employer in this transition period.

Any thoughts here !!

Technically, you only have work authorization for 180 days after the expiration of the OPT while a STEM extension is pending. You need to stop working now.
In the meantime, put in a Service Request or Expedite Request to USCIS stating that 180 days have passed since your OPT expiration, which means you can’t work anymore and you are going to lose your job.
If you have a new employer, you need to submit a new I-983 from the employer to your DSO.

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[Shyan]

Technically, you only have work authorization for 180 days after the expiration of the OPT while a STEM extension is pending. You need to stop working now.
In the meantime, put in a Service Request or Expedite Request to USCIS stating that 180 days have passed since your OPT expiration, which means you can’t work anymore and you are going to lose your job.
If you have a new employer, you need to submit a new I-983 from the employer to your DSO.

Thank you for your reply !!!

My OPT expired on June 10th,I still have 75 days more to work.I can still work now.My question is, Can I able to run payroll through a new employer.I have e-verified my employment with the old employer.

Thanks,

[ProblemSolver]

The question is why do you want to change the employer in the first place due to a problem or something?? I would rather say it is not a good thing to do as your new employer has to perform an e-verify and your OPT card is already expired, by law you can work but think whether your new employer will accept such case. I don't think so.

Also check with your DSO.

[Shyan]

The question is why do you want to change the employer in the first place due to a problem or something?? I would rather say it is not a good thing to do as your new employer has to perform an e-verify and your OPT card is already expired, by law you can work but think whether your new employer will accept such case. I don't think so.

Also check with your DSO.

Just an update, I have received RFE from USCIS asking me for Employer-Employee relationship, this is the second RFE I got it.How do I respond.?

Did any one, received it..?

Thanks,

[Dylan890328]

It is not necessary that the new I-983 approval and SEVIS updates have to occur before the new employment, is it? Whether a student can start the new job and submitted a new I-983 to DSO shortly after, but ask the DSO to update the SEVIS later (e.g., after the approve of STEM OPT)? The DHS does have an official guidance on how to change employer with pending STEM OPT in their old OPT rules, but not in the new rules. Without any official guidance at the moment, I think everyone is just guessing now. So basically every university who does include information on this says that change employer with pending STEM OPT is doable but not recommended. The risk comes from that the new employer information will not match the employer information in the original application been submitted; an Amended I-765 might be able to solve this conflict, but some have been rejected because they simply think it is a new application missing a filing fee.

[Shyan]

It is not necessary that the new I-983 approval and SEVIS updates have to occur before the new employment, is it? Whether a student can start the new job and submitted a new I-983 to DSO shortly after, but ask the DSO to update the SEVIS later (e.g., after the approve of STEM OPT)? The DHS does have an official guidance on how to change employer with pending STEM OPT in their old OPT rules, but not in the new rules. Without any official guidance at the moment, I think everyone is just guessing now. So basically every university who does include information on this says that change employer with pending STEM OPT is doable but not recommended. The risk comes from that the new employer information will not match the employer information in the original application been submitted; an Amended I-765 might be able to solve this conflict, but some have been rejected because they simply think it is a new application missing a filing fee.

Thanks for the more insight on this issue.
So, I am not changing my employer, once I have the approved OPT,will switch the employer.
Rightnow,I need to address the RFE issued for Employer-employee relationship. What kinds of documents should be produced or do I consult Attorney. Did any one got similar issue.

Thanks,

[lisaanderson]

Thank you for your reply !!!

My OPT expired on June 10th,I still have 75 days more to work.I can still work now.My question is, Can I able to run payroll through a new employer.I have e-verified my employment with the old employer.

Thanks,

If the new employer is also enrolled in E-Verify and you have submitted the new employer’s I-983 to the DSO, you can begin working for the new employer.

[DesiOPT-FaceBook-Fan]

You need to file for an amendment. Since this is a material change, you would need a new i983 as well

[Dylan890328]

You need to file for an amendment. Since this is a material change, you would need a new i983 as well

What is the timeline? Can I start the new employment first, then submit the I-983 and amended I-765 shortly after (e.g., within 10 days of new employment)? Also, can I mail the RFE materials and amended I-765 in the same package to the same place?