Last year, I finished my program of study and applied for OPT. I was working on OPT for almost one year and decided to apply for the 17-month STEM extension, based on my degree in computer science. …

… Unfortunately, I filed by STEM OPT application after the expiration of my EAD and USCIS denied it as untimely filed. Is this decision correct? What can I do to get back in status?

Answer

Because a STEM extension application has to be filed and received by the USCIS by the expiration of the OPT EAD, the decision denying your STEM extension was correct. You can either travel outside of the U.S. and came back as an initial student based on a new I-20 to attend a new program of study, or you can apply for reinstatement based on your admission to a new program of study. Unfortunately, unless your new program is on a higher educational level, you will not be eligible for another year of OPT and the STEM extension upon completion. (03.Oct.2014)

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