A student on OPT faces a sudden shock after USCIS flagged their work status as unemployed. The case comes even though they secured H-1B approval and had applied for a STEM OPT extension before their OPT period ended.
Timeline of events
The student’s OPT ran from 17 June 2024 to 16 June 2025. They applied for a STEM extension weeks before expiry. At the same time, they received confirmation of being selected in the H-1B lottery.
Why STEM extension was needed
The extension was crucial to cover the gap from 17 June to 1 October, when H-1B status officially starts. Without it, they risked falling out of status during this transition period despite already having H-1B approval.
USCIS flags unemployment
USCIS sent a Request for Evidence, claiming the student had 96 days of unemployment on STEM OPT, while the legal limit is 90 days. The student’s portal later showed 102 days, adding confusion just days before their H-1B change of status.
DSO’s response
The Designated School Official assured the student that the issue is “moot” since H-1B approval will override OPT status. Still, the RFE demands pay stubs and employer letters, creating unnecessary stress in the final days of their transition.
Larger concerns
The student worked continuously with the same company, raising questions about why the case was flagged. Even a minor system error now sparks fear of status loss, showing how fragile the immigration process feels for international students.
