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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10762
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My STEM OPT extension was received by USCIS one day late. Is

Customer Question

My STEM OPT extension was received by USCIS one day late. Is there still a chance that the application be approved? Can I be working during this time while the application is pending even though it wasn't received on time?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Expert James replied 2 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: Unfortunately, I do not have very good news. Since 2012, the USCIS has been strictly enforcing the rule that the OPT request must be filed within 30 days of the DSO certifying the I-20.

You can find this information here:

As far as working, you cannot be employed unless you have a valid EAD in hand and the employment is commensurate with that valid EAD.

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Thank you!

Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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