Late submission of OPT STEM Extension

[ptrinh18]

Hello,

I am currently working on post graduation OPT, which is expiring on December 31th 2012. I have the new I-20 issued from the DSO for OPT STEM Extension on September 10th, but for some reasons I did not send the application until November 1st - which is more than 30 days since the date of DSO endorsement on I-20. USCIS received it on November 6th, 2012 and I got the receipt.

Today I've just find out that there exists that 30 days requirement, but I'm not sure if that only apply to post-graduation OPT or also to the OPT STEM Extension.
I have a few questions:

1) What are the chances of my STEM application getting rejected? Has anybody faced the same issue?
2) If rejected, what are my options?


Guys, I would really appreciate if you could help me out.

Thanks a lot in advance!

[kabkaba]

Yes, it will apply to any OPT application. You should send another application (with new fees) and new recommendation I-20 immediately before the current OPT expires. Also, add a cover letter explaining this. I would have suggested sending just the new I-20 supporting the previous application, but this is too close to OPT expiration.

[ptrinh18]

Yes, it will apply to any OPT application. You should send another application (with new fees) and new recommendation I-20 immediately before the current OPT expires. Also, add a cover letter explaining this. I would have suggested sending just the new I-20 supporting the previous application, but this is too close to OPT expiration.

Do you mean it will definitely get rejected?

It's a hard situation for me now. I can only apply again if I get rejection letter (which I did not have yet - the current status is still in Review). My current EAD will end in the next 3 weeks, and OPT STEM Extension application requires me to apply at least 30 days before my current EAD ends.

Do you have any suggestion? I don't want to be kicked out of the company because of lacking of EAD :-(

Thank you!

[kabkaba]

Do you mean it will definitely get rejected?
-- There is a very high likelihood.
It's a hard situation for me now. I can only apply again if I get rejection letter (which I did not have yet - the current status is still in Review). My current EAD will end in the next 3 weeks, and OPT STEM Extension application requires me to apply at least 30 days before my current EAD ends.
-- Why can you apply again only if you get rejection letter? IMO you can apply again irrespective and it will be better to explain it in a cover letter. Also, there is no 30 day requirement, (it may be a soft requirement set by your school or employer, but as per USCIS they must receive it before your current OPT expires).

Do you have any suggestion? I don't want to be kicked out of the company because of lacking of EAD :-(
-- If it gets denied and your current OPT has expired at that time, you will not be able to apply again, that is why I am advising you to apply again asap.
Thank you!

You can consult an experienced immigration attorney if you wish.

[ptrinh18]

Thanks kabkaba for your answer!

Today I asked the DSO and she made a new I-20 for me (new I-20, not new OPT extension recommendation). She suggests me to send the new I-20 and the explaination letter to USCIS and wait. She also says that USCIS can be "flexible" in many cases and suggests me to wait until my case status is updated to approval/denial. Do you think I should wait as she says?

Do you mean it will definitely get rejected?
-- There is a very high likelihood.

How do you know? Are you sure it is very high likelihood?

Thank you so much! I really appreciate your help.

[kabkaba]

I have seen cases where that requirement is enforced. I also read an article on another website stating the same.

You can send new I-20 and explanation but USCIS does not always consider documentation that was sent separately before it makes a decision. If you had two months until expiration, I would have advised that, but you don't have that luxury. If they deny it after your current OPT expires, you will not be able to apply again. That is why I recommended sending a new application with the explanation letter. You can also consult an experienced immigration attorney if you want.

[mad8]

Hello PTRINH..Can you plz tell what was the decision for you.Im having the same issue

Hello,

I am currently working on post graduation OPT, which is expiring on December 31th 2012. I have the new I-20 issued from the DSO for OPT STEM Extension on September 10th, but for some reasons I did not send the application until November 1st - which is more than 30 days since the date of DSO endorsement on I-20. USCIS received it on November 6th, 2012 and I got the receipt.

Today I've just find out that there exists that 30 days requirement, but I'm not sure if that only apply to post-graduation OPT or also to the OPT STEM Extension.
I have a few questions:

1) What are the chances of my STEM application getting rejected? Has anybody faced the same issue?
2) If rejected, what are my options?
3) Also, my friend commited a felony crime but he is co-operating with the ICE for investigation and the sentencing date is postponed until next year. He is working with multiple government agents to help them investigating on the other cases. If he applies for post-graduation OPT, is there any chance he got rejected?


Guys, I would really appreciate if you could help me out.

Thanks a lot in advance!

Hello PTRINH....Can you plz tell me what was the decision in your case??...Im having the same problem rite now..My documents reached USCIS 5 days later to the 30 days from issuance date of i20..I have checked with the USCIS and also got a USCIS document online which said the i20 30 day rule is only for Post completion and not for STEM Extension...But Im still worried a bit...Can you plz reply to the thread asap..Thanq!!

[neolibran]

[QUOTE=mad8;291318]Hello PTRINH....Can you plz tell me what was the decision in your case??...Im having the same problem rite now..My documents reached USCIS 5 days later to the 30 days from issuance date of i20..I have checked with the USCIS and also got a USCIS document online which said the i20 30 day rule is only for Post completion and not for STEM Extension...But Im still worried a bit...Can you plz reply to the thread asap..Thanq!![/QUOTE

For anyone out there still having this issue:

My documents for STEM extension reached USCIS one day after the 30 day period of my I-20 being issued. I spoke to both USCIS and my school's office.
I was informed by USCIS customer service that I can always resubmit my entire set of documents before my EAD expired and before USCIS gave me a decision on my first application.
I was prepared to submit my second set of documents but it was not needed since USCIS approved my STEM extension within 19 days of their receiving my application. Apparently the 30 day rule may not apply to STEM extensions.

[vesapogur]

Same situation.. OPT extension filed 30 days after I-20 was issued

[QUOTE=neolibran;403491]

Hello PTRINH....Can you plz tell me what was the decision in your case??...Im having the same problem rite now..My documents reached USCIS 5 days later to the 30 days from issuance date of i20..I have checked with the USCIS and also got a USCIS document online which said the i20 30 day rule is only for Post completion and not for STEM Extension...But Im still worried a bit...Can you plz reply to the thread asap..Thanq!![/QUOTE

For anyone out there still having this issue:

My documents for STEM extension reached USCIS one day after the 30 day period of my I-20 being issued. I spoke to both USCIS and my school's office.
I was informed by USCIS customer service that I can always resubmit my entire set of documents before my EAD expired and before USCIS gave me a decision on my first application.
I was prepared to submit my second set of documents but it was not needed since USCIS approved my STEM extension within 19 days of their receiving my application. Apparently the 30 day rule may not apply to STEM extensions.

Please help:

I am in a similar situation. I applied for OPT extension 34 days after my I-20 was issued. Is it going to a problem? Is it better to reapply with the OPT extension with the new I -20? or the rule applies to only for post OPT but not OPT extension? thanks

[kabkaba]

[QUOTE=vesapogur;428517]

Please help:

I am in a similar situation. I applied for OPT extension 34 days after my I-20 was issued. Is it going to a problem? Is it better to reapply with the OPT extension with the new I -20? or the rule applies to only for post OPT but not OPT extension? thanks

Yes, USCIS is enforcing the 30 day rule very strictly. Send in a new I-20 with new recommendation immediately.

[vesapogur]

I got my OPT Extension approved.
I cannot say for all cases. But I am assuming that OPT 30 days filing rule may only applies to first term OPT (12 months)