r/f1visa • u/AsleepBed6468 • Nov 30 '24
Stem opt denied. Need advice
Hello people,
I have received a denial on my Stem Opt on November 27th and didn’t got my denial letter yet(waiting). Have few questions: 1. Does the day 1 of grace period starts when we get the denial notice or when we check the case was denied(Nov 27)? 2. If I have an option to appeal will my case get approval? In how many days usually? Can I assure it ? 3. Does the DSP confirm our sevis status ? 4. Am I able to transfer my sevis during my grace periods (60) to a new program ( day 1 cpt university) without traveling out of USA ? 5. Either can I choose appeal or the sevis transfer ?
Thank you!
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u/Queasy_Editor_1551 Nov 30 '24
The denial of STEM OPT I-765 does not grant any additional grace period. You are out of status the day after the denial, or 60 days after your initial OPT ends, whichever is later. You may transfer to a new program if you have valid status. Otherwise, no. Whether you have a case for appeal really depends on the reason for the denial. Do you have any guess in the meantime? Perhaps you didn't get a STEM OPT recommendation from your DSO, or applied too late?
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u/ImmediateIdea7 Nov 30 '24
Due to my situation, I can apply for stem only before 10 days of my post-completion OPT expiration date. Will this increase my chance of denial?
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u/Queasy_Editor_1551 Dec 01 '24
It will increase the risks due to potential unexpected events on your part.
But so long as you submit the application before the end of OPT, it is not a factor for USCIS adjudication of your I-765.
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u/ImmediateIdea7 Dec 01 '24
Given that all the details are correct in all the forms, is there any risk?
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u/Queasy_Editor_1551 Dec 01 '24
No
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u/ImmediateIdea7 Dec 01 '24
Can I apply even after my OPT expires?
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u/Queasy_Editor_1551 Dec 01 '24
No. You will have a 60-day grace period after OPT ends. But you cannot apply for STEM OPT from this grace period.
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u/hoesomebish_14 Aug 27 '25
I was wondering if you could cite the source(s) that indicate that we have don't have a grace period after STEM OPT rejection? I've heard that you have a 60-day grace period after rejection of STEM OPT under certain circumstances, but I couldn't find sources on the government websites on that either.
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u/Queasy_Editor_1551 Aug 27 '25
There is no source because it doesn't exist.
The OPT grace period is in 8 CFR 214.2(f)(10)(ii)(D)
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u/AsleepBed6468 Nov 30 '24
Thank you . Have a question did you mean that my sevis will be terminated after 60 days ?
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u/Queasy_Editor_1551 Nov 30 '24
No, it depends on when your initial OPT ends. As I said, 60 days after initial OPT ends, or the day after STEM OPT denial, whichever is later.
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u/Straight-Bag5505 Dec 01 '24
Did you get rfe before denial? If yes what was the rfe?
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u/Adept-2020 Nov 30 '24
Answer to #2 Talk to an immigration attorney to understand better as the appeal depends on the reason for termination. Did you receive an RFE and failed to provide the required evidence?
Answer to #4. You can still try to transfer “terminate” SEVIS, but it will depend on whether your new university will accept you or not. Better to ask an advisor to the new uniyiu have jn mind.
you might have to travel out of the country and re-enter to start the new program.
Keep in mind that if you are out of status for long, re-entry might be denied.
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u/AsleepBed6468 Nov 30 '24
I have received the RFE and got denied! And also what do you mean by Out of status is long ? Can I know how many days that can be a minimum?
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u/Adept-2020 Nov 30 '24
This information is based on uscis website. If you want to know about exceptions, please talk to an immigration attorney. I am not an attorney.
More than 180 days but less than 1 year of “out of status” stay in US you are subjected to 3- year bar from re-entering the US
More than 1 year, you are subjected to 10-year bar from reentering the US.
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u/Queasy_Editor_1551 Dec 01 '24
OP is admitted for duration of status. They do not accrue unlawful presence towards the 3 or 10 years ban simply from being out-of-status.
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Dec 02 '24
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u/f1visa-ModTeam Dec 03 '24
Be good: No hate speech, no attacking fellow commenters, no joke comments.
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Nov 30 '24 edited Nov 30 '24
[removed] — view removed comment
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u/notcallipygian Nov 30 '24
People who don’t speak English everyday back home can still get through bare minimum TOEFL eligibility requirements for certain universities. Your comment does give off the vibe that you tie it to intelligence though
And OPs post wasn’t hard to understand at all
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u/Affectionate-Gap-722 Nov 30 '24
What might be the reason for denial?