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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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After finishing Masters in Computer Science, I started my

Customer Question

After finishing Masters in Computer Science, I started my first year OPT on 27 June 2016 and working as a contractor in a good company in Austin. I have to apply OPT STEM extension before 3 months of expiry. I am working through a consulting company, who are e-verified and I am full time employee with them. I am concerned about the new rule saying OPT STEM extension requires (1) bonafide relationship between employee-employer (2) e-verified employer (3) work related degree in STEM. So can I get OPT STEM extension even if I am working through a consulting company?
I am working in Software Development for last 9 years and I also completed my masters in Computer Science this year June. I want my employer to file H1B in April 2017. So, in case I am not selected in lottery, can my employer directly file my GC with 7 years of experience out of US and my Masters degree in US? Of course if they want to do that.Thank you in advance.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 26 days ago.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.

24-Month STEM OPT Extension

All F-1 students who are currently on a regular period of OPT and are eligible for a STEM OPT extension must apply for the 24-month STEM OPT extension.

  • You may qualify for an additional 24 months of OPT under the following circumstances:
    • You are currently participating in a regular period of OPT.
    • You received a science, technology, engineering or mathematics (STEM) degree at an undergraduate level or higher and seek a training opportunity related to this degree.
    • You received your qualifying STEM degree from a currently accredited SEVP-certifiedcollege or university.
    • The employer from which you are seeking employment uses the E-Verify program.
    • You and your prospective employer have completed and signed the Form I-983, “Training Plan for STEM OPT Students.”
    • For more information about the specific eligibility requirements for the 24-month STEM OPT extension, please visit the STEM OPT Hub on Study in the States.
  • Once your DSO verifies that your Form I-983 is complete and keeps it in your student record, they will provide you with a new Form I-20 that shows their recommendation for this training opportunity.
  • You must apply for work authorization by electronically filing a Form I-765 with USCIS and paying a filing fee. USCIS will send you an EAD upon approving your petition.
  • You may continue to work on your expired EAD for OPT up to 180 days while your 24-month extension petition is pending if you meet the following conditions:
    • You are currently in a period of post-completion OPT.
    • You properly and in a timely manner filed your application for the 24-month extension with USCIS.
  • You must report changes in name, address, employer and loss of employment to your DSO within 10 days of any change.

Your employer with a consultant model qualifies al song as they abide by the criteria of form I-983 which requires Section 5 4.b. "The student receives ONSITE SUPERVISION AND TRAINING consistent with the plan by experienced and knowledgeable staff.

Staff would need to be staff of the Consulting company, not the end client.

If you employer is able to provide this to you and agree to all the terms of form I-983 then they are able to comply they can sponsor your 24 month OPT extension.

Further no employer is required to first file an H1B to qualify to petition their employer.

The may may fire an EB1 based on your Master degree and experience as long as you are a person of extraordinary ability as defined:

Requirement 1 - You must be able to establish that you have extraordinary ability in your field.

The EB-1 extraordinary ability classification is for people who are recognized as being at the very top of their field and who are coming to the United States to continue work in that field. To establish eligibility, you must demonstrate sustained national or international acclaim and that your achievements have been recognized in the field of expertise by showing: (1) that you have received a major internationally recognized award, similar to a Nobel Prize; or (2) that you meet at least three of the ten requirements listed below and all your evidence, when evaluated together, shows that you are among the small percentage of individuals that have risen to the very top of your field. If you have not received a major internationally recognized award, you must answer yes and submit evidence for at least 3 of the 10 questions below:

  • Have you received any lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor?
  • Are you a member of associations that require outstanding achievements of their members as judged by recognized national or international experts?
  • Is there published material in professional or major trade publications or major media about you which relates to your work in the field?
  • Have you participated on a panel or individually as a judge of the work of others in the same or in an allied field of specialization?
  • Have you made original scientific, scholarly or business contributions that are of major significance?
  • Have you authored scholarly articles in professional journals or other major media?
  • Has your work been displayed at artistic exhibitions or showcases?
  • Have you played a leading or critical role for an organization with a distinguished reputation?
  • Have you or will you command a high salary or other remuneration for your services in comparison to others in your field?
  • Have you enjoyed commercial successes in the performing arts?

Note: If the criteria discussed in this section do not readily apply to your occupation, you may submit comparable evidence to establish your eligibility. However, there is no comparable evidence for the one-time achievement of a major, international recognized award.

Meeting this criteria is difficult and although it only requires a minimum of 3 more is expected i he supporting Memorandum.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith Ludwic

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