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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28190
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Is someone telling Stem-opt is cancelled or going to cancel

Customer Question

Hi , Is someone telling Stem-opt is cancelled or going to cancel for international students is it true ?Please explain this document. Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I'm reading it.

Judith

Expert:  Judith replied 1 year ago.

Yes, that means that the STEM 17 month extension rule has been vacated by the court and that USCIS has to go through the rule making process with regards ***** ***** STEM extension all over again.

However, the court has also "stayed" the order to vacate the rule for 6 months until 2/12/16.

So, there is no assurance that you can continue with OPT STEM extension beyond that date unless USCIS goes through the rule making process again and corrects the errors the court found they made in adopting the rule in 2008.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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Judith

Customer: replied 1 year ago.
Hi ,If someone applied OPT stem before 02/16/2016 , will it be cancelled ?
Expert:  Judith replied 1 year ago.

It is not known yet. DHS/USCIS has to publish the rule again and allow for a notice and comment period which they did not do in the original rule.

Therefore, what the future holds is yet to unfold. However, there is the potential for cancellation of STEM OPT effective 2/12/16.

Judith

Expert:  Judith replied 1 year ago.
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