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What should I do if my Stem Extension gets Denied?

Long Beach, CA |

I am currently working as an engineer for an E-verify company. I am now applying for my opt stem extension but during my opt, I was told by my School Adviser that I could not working unless it pertains to my field which is Electrical Engineering. I did not get a job till Dec. and my opt expires next month. I am now aware that i had pass 90day unemployment rule, is there an appeal or steps i could do if my extension gets denied? Also I am married to my husband that has a green card and now applying for citizenship, We are hoping i get approved and have enough time to take proper steps for me to get my green card based on his status.

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Attorney answers 3


A denial of a STEM 17 month extension does not provide for an appeal. For your husband, he needs to become a US Citizen first before he can quickly file a green card for you and it takes about 4-5 months to get your green card once he naturalizes and that process can also take 4-5 months. If your STEM extension is denied than you could change status to B-1/B-2 visitors visa to buy you sometime. The B-2 doesn't allow you to work but at least you can stay here for approximately 6 months most of the time and try to apply for one additional extension but its usually very difficult to get another extension beyond the 6 months. When is your husband eligible to apply for naturalization will give you a timeframe of how long things will take and how you need to arrange time for your own status.



Well he is qualifies for derivative citizenship


I agree with Mr. Calehr

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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