Imagine losing your STEM OPT just because your attorney messed up. That’s exactly what happened to one F-1 student in the US.
Taking to social media, the student shared that the USCIS denied him STEM OPT, claiming he had over 229 days of unemployment, which exceeds the permitted 150 days for OPT students.
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However, the student did work full-time from May 8 to October 6, 2024, in a job related to their degree. It was unpaid but totally legal under OPT rule and he had all the documents to prove it too.
When he consulted the attorney, he claims, “they told me multiple times it wasn’t required to submit in the RFE response — and I have written proof of that.” And now that blunder has cost the student their legal status.
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Thankfully, he has now hired a better, more experienced attorney to file I-290B, i.e. Motion to Reopen (MTR) the case. They’re basing it on “attorney error” and new evidence.
But nothing is guaranteed in the present-day US as we see authorities getting more brutal towards immigrants, especially students.
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Recently, we have seen dozens of F-1 visas revoked over minor errors and a new bill proposed in the US Senate to eliminate the OPT program.
Amidst this chaos, USCIS can use the attorney’s mistake to deny the student their STEM OPT, threatening their legal status in the country. If you are in the same boat and anything seems off to you, it is always better to get a second opinion.
