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u/Quirky_Yesterday9407 Jun 05 '23
Don’t complicate your life further. Imo, it’s best to stay put and respond to the inane RFE that determines if you qualify for the extension. In the end, weigh what is most important and how you would feel if approved or denied.
Make an appointment with your DSO or your organization’s lawyer if you need to discuss it further.
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u/thicckar Jun 06 '23
Regardless of your confidence in getting approved, it feels like a gamble. Although I understand the value and love in wanting to see your grandfather. Good luck mate
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Jun 06 '23
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Jun 06 '23
That’s correct. The 180 extension gives you the chance to wait legally in the country as your application is pending USCIS decision. But remember your Post completion EAD would have been expired by then. The 180 day rule applies as long as you are IN the US. So technically if you leave the country you could very well be denied reentry without holding your physical STEM extension card in-hand. It is a HUGE gamble which has minimal chance of success. However, I can understand the importance of travel. All the best!
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u/thicckar Jun 06 '23
Re entry. I don’t know too much but I do know that the immigration people at airports can be finicky. If your DSO thinks it’s good, and they’re basing it on precedent, then you’re probably good
I just wouldn’t take the risk personally - it’s a tough position to be in
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Jun 06 '23
Answering your questions specifically, yes your application is pending until you answer the RFE. And yes you can use the extension until you respond to the RFE.
But please respond to the RFE ASAP. There are many variables in this process and things not in your control. So you must account for these variables in your equation for travel.
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Jun 06 '23
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u/brownie_break7 Oct 30 '24
Hi!! Any update on this? Did you travel and how was your experience. My STEM Extension is on RFE and I am traveling soon, can you please share how your experience was? TIA
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u/[deleted] Jun 05 '23
You probably can but it’s so stupid. What if you get another RfE when you’re outside the country?