whitetiger
New Member
Any proper advice would be helpful
Employment history during 12 month OPT - First employer A & second employer B (e-verified)
WHile I was employed at B job, I applied for STEM Extension. During STEM was processed I got an offer from C and decided to switch jobs. DSO advised me to file an amended I 765 with new employer C's details like e-verify number, employer name etc. Amended I 765 was received by USCIS and they sent me RFE in return. RFE wanted 'proof that proposed employment is related to field of study'. RFE also had a note that proper proofs should be provided right from the time of the application. Now, since I was an employer of B when I first applied for STEM extension, I sent both the document proofs for employer B & employer C. In return, USCIS denied my application saying that I have accrued more than 90 days of unemployment since I was not employed before job B!.. I never included employer A details in the RFE documents since employer A was out of question and I was only asked proofs from 'proposed employer C' but still I sent them proofs of employers B & C. The adjudicator from USCIS has assumed that I had no employers before B & C and hence denied my STEM on the grounds of more than 90 days of unemployment!
Spoke with my DSO - he contacted USCIS liaison who replied that I should file motion to reopen. I am planning to do so soon within the 30 days from the date of denial. I have a PhD admit which I was planning to join in Fall 11 but now it is complicated since I will have to get this sorted out.. Whats the best way out of this situation?
1) file motion to reopen and wait for the results, while deferring PhD admit ?
2) Leave US come back on new F1 & join PhD in Fall 11
3) Anything else an expert suggests?
Thanks for being kind to read thru
Employment history during 12 month OPT - First employer A & second employer B (e-verified)
WHile I was employed at B job, I applied for STEM Extension. During STEM was processed I got an offer from C and decided to switch jobs. DSO advised me to file an amended I 765 with new employer C's details like e-verify number, employer name etc. Amended I 765 was received by USCIS and they sent me RFE in return. RFE wanted 'proof that proposed employment is related to field of study'. RFE also had a note that proper proofs should be provided right from the time of the application. Now, since I was an employer of B when I first applied for STEM extension, I sent both the document proofs for employer B & employer C. In return, USCIS denied my application saying that I have accrued more than 90 days of unemployment since I was not employed before job B!.. I never included employer A details in the RFE documents since employer A was out of question and I was only asked proofs from 'proposed employer C' but still I sent them proofs of employers B & C. The adjudicator from USCIS has assumed that I had no employers before B & C and hence denied my STEM on the grounds of more than 90 days of unemployment!
Spoke with my DSO - he contacted USCIS liaison who replied that I should file motion to reopen. I am planning to do so soon within the 30 days from the date of denial. I have a PhD admit which I was planning to join in Fall 11 but now it is complicated since I will have to get this sorted out.. Whats the best way out of this situation?
1) file motion to reopen and wait for the results, while deferring PhD admit ?
2) Leave US come back on new F1 & join PhD in Fall 11
3) Anything else an expert suggests?
Thanks for being kind to read thru