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Need Opt Help Very Urgent....

Maanikanth

By Maanikanth
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Maanikanth Jr Artist

Maanikanth

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i applied my opt ext in 2012 may got rfe in nov ,replied to rfe in dec .........and as per uscis rule i can work for 180 days if i applied my extension in-time ,but that 180 days period expired last december 2012...and status of opt present is request for response review my questions
1.I want to apply for H1 this coming april ..(will there be any problem if i apply for h1 as i dont have feb, march pay stubs)
2.will uscis come to know if i run my pay checks after the 180 day period.
thanks in advance...

Suhaas Sr. Hero

Suhaas

Posted
Posted

1. I want to apply for H1 this coming april ..(will there be any problem if i apply for h1 as i dont have feb, march pay stubs)

 

No. You cannot apply unless your STEM OPT Extension is approved. You cannot change status unless you are in a current, valid status. Authorized presence is  not considered a status.

 

2.will uscis come to know if i run my pay checks after the 180 day period.

 

If the request for the extension was filed timely before the original OPT expired, you have work authorization automatically for up to 180 days past expiration of the regular OPT, or until the decision on the extension is made, whichever comes sooner. After completion of the 180 days, it is not advised to work as it may accrue toward unlawful stay. USCIS might not be able to know if you are paid but it's not legal to be on payroll after 180 days.

 

As long as you have a petition under review, you are in authorized stay until a final decision is made.

 

Not a legal advice. Use of this information is strictly at your own risk.

Rebel890 Sr. Hero

Rebel890

Posted
Posted

2012 aaa :(

 

desam chaala klista paristhithullo undhi kadha bhayya :(

 

Ltt <help> <help>

Maanikanth Jr Artist

Maanikanth

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sorry bhayya's dates chusukoledu....

applied my opt ext in 2013 may (first opt expired on july 3rd 2013.),got rfe in nov ,replied to rfe in dec .........and as per uscis rule i can work for 180 days if i applied my extension in-time ,but that 180 days period expired on jan 3rd 2014...and status of opt present is "request for response review" my questions.
1.I want to apply for H1 this coming april 2014 ..(will there be any problem if i apply for h1 as i dont have feb, march pay stubs)
thanks in advance...
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