17 Months OPT STEM Extension – Revoked by Federal Court

Breaking News – 17 Months STEM OPT Extension is Revoked and Cancelled by the by Federal Court.

  • This rules is  valid until Feb 12, 2016.
  • DHS has time till then to respond or file an appeal.

Get the Latest Updates and News:

17 Months STEM OPT Extension Revoked

This is going to IMPACT STEM degree holders BIG Time with H1B Visa lottery affecting the possibility of getting work visa.

Background on OPT

  • OPT stands for Optional Practical Training.
  • This lets Students on F1 Visa studying in U.S.A. get EAD (Employment Authorization Document).
  • EAD lets F1 students work in USA after completing graduate degree for period of 12 months.

17 Months STEM OPT Extension

  • 17 Months STEM extension was added to 12 Months Initial OPT period back in 2008
  • STEM stands for Science, Technology, Engineering and Maths
  • STEM Degree graduates from U.S. Universities and Colleges can get additional 17 months OPT.

Opposition to STEM OPT Extension

  • Some opponents argued that 17 Months STEM OPT Extension is backdoor for H1B Visa and it violates Labor Laws (which H1B visa is subject to).
  • Plus, some employers take advantage of this OPT to not follow the labor law of minimum wage for specific position in specific location.

Lawsuit Against STEM OPT Extension

  • Opponents: Washington Alliance of Technology Workers,  a collective-bargaining organization that represents science, technology, engineering, and mathematics (“STEM”) workers,
  • They sued the U.S. Department of Homeland Security (“DHS”).
  • Challenging  the interim final rule by DHS on April 2008 to allow 17 months OPT Extension

Court Document Summary:

Argument Against STEM OPT: .. alleges that the OPT program exceeds DHS’s statutory authority and conflicts with other statutory requirements, including the labor certifications related to H-1B visas

Ruling by Federal Court Against STEM OPT

  • The Court will Revoke the 17-month STEM extension described in the 2008 Rule.
  • Current 17 Months OPT Rule will be valid until February 12, 2016

Not One but 3 RULES

  1. STEM OPT Extension rule is Vacated.  But, it’s Valid till February 12, 2016.
  2. F1 Visa (OPT) to H1B Visa Cap Gap will not be Automatic.
  3. OPT cannot be applied during 60 Days Grace Period.

Why three Rules?

Above 3 Rules were passed as a Bundle back in April 2008. Now, court’s order vacated them.

What DHS Can Do?

DHS SHOULD start New Rule Making process as per the Law to fix the Court Order within next 6 months. If not, what would happen?

Until DHS does that or files an appeal, this is Rule is considered Vacated (or Void). In dramatic term – Revoked.

Here’s why I’m worried?

You guys have NO Idea, how long Rule Making Takes.

Just head to  H4 EAD Rule Making timeline.  I hope there’s a faster way for Rule Making to be completed.

If you read the article, you can see that I mentioned the “Economical Significant”. That “concept” cannot be applied to This Rule Making Process to speed the Rule Making.

By now you are wondering what is Rule Making. Stay Tuned. I will provide more details About that as well in a video.

How Can You HELP?

First, Sign-up for Email Updates ( sign-up box is below this Article )

You MUST Take Active ROLE to speed-up this RULE Making Process. I will send you instructions on What, When and How to Do.

For that to happen, I should to be able to communicate with you. So, sign-up for Email Updates.

I took Active Role in H4 EAD Rule Making Process.  I’m aware of the this Process and how you can help as well.

 

Federal Ruling Document

What Happens Next:

Stay Tuned for further details on STEM 17 months OPT Extension Revoked by the Court.

This is Breaking News. I will be updating this article as more information becomes available.

What questions do you have about this ruling?

Post them in the comments below and share this with your friends.

Watch FAQ’s  – Video Interview

17 months stem opt revoked

176 Comments

  1. Raghuram Sukumar on October 16, 2015 at 10:10 AM

    News – STEM OPT extension increased to 24 months in the new Proposed rule.

    Stay tuned for more details.

    https://www.happyschools.com/stem-opt-extension-updates/

  2. saipreeti on September 28, 2015 at 3:36 PM

    Raghu,

    My OPT is extended already and is validf from Aug 2015 to Feb 2015 (EAD in Hand now).

    do you think this rule will revoke my EAD after Feb 2016?

    Regards,
    Sai.

  3. saipreeti on September 28, 2015 at 3:30 PM

    Raghu,

    My OPT extension started in August 2015 and is valid till Feb 2017. (I have my EAD card in Hand now).

    do you have an answer if my OPT will be valid after Feb 2016.

    Thanks,
    Srinath.

  4. Amit on September 20, 2015 at 2:43 PM

    If someone’s STEM OPT extension is valid till Jan 2017, but is then revoked by DHS on 12 Feb 2016, can DHS be sued by the individual?

    • Raghuram Sukumar on September 20, 2015 at 8:02 PM

      Sue DHS? So, you want them to ignore STEM OPT Extension all together? Cour Ruling supersedes DHS.

  5. Mihir on September 3, 2015 at 2:13 PM

    Hi,

    This is MILLIN DOLLAR question for people who are planning to visit in india in december..
    in my case,
    I am on 17 month OPT stem extension starting from Aug 2015 to Jan 2017, I am planning to visit india from 10 December 2015 to 10 January 2016..
    Should i go ahead with this trip ? i am scared that if decision on revoking this rule is finalized ( I know many believe it wont happen but i want to be prepared for worst case ) when i am in india then they wont let me in on jan 10th as rule will be revoked soon…
    so tell me in which condition i should go and in which condition i shouldnt..

    Please Help on this.

    Regards,
    Mihir Shah

    • ImmigrationDon on September 3, 2015 at 3:47 PM

      Mihir
      In you case its simple. If the rule is finalized and STEM extension is invalidated, u will be allowed to enter on Jan 10th because it gets invalidated on Feb 12th. But I would say do not make the effort to enter because you just get 1 month after that to stay anyways.. so better as well do not waste money on return ticket 🙂 If the STEM OPT extension is not invalidated then you can enter in a normal manner!

      • Mihir on September 3, 2015 at 4:05 PM

        Hi,

        two things here,
        A. I have heard that you need to have a valid working status or student status for more then 60 days after you enter and if you have then they let you in.. how true is this ? bcoz i come 10th jan and decision comes when i am in india that it will be revoked on 12th feb then, i have 32 days so on basis of that logic wont they stop me ?
        B. Rzon i plan to come back is i can get on CPT or apply for canadian working visa and try other things before i decide to go home..

        Can you tell me any good university in Boston who gives CPT from day 1 and i can still have a go at next years H-1B process..

        Regards

        • ImmigrationDon on September 3, 2015 at 5:12 PM

          Mihir
          I don’t think part A of your assumption is true. As long as you have the valid EAD, you can enter even on 11th Feb (assuming rule gets cancelled on Feb 12th). Because you have the right to get your 60 day grace period.
          For your part B – CPT from Day 1 – I am not sure if you can use it because its your 2nd masters and you have used up all your OPT (students using full time CPT for 1 year lose out OPT). I am not sure about part time CPT – a university DSO can answer that.
          Regarding your work permit for other countries – you do not need to do that step from USA. You can do it from your home country too. Choose countries where international talent is respected.

  6. Madan on September 2, 2015 at 8:37 AM

    Hi,

    I have an option to graduate in May 2016 or Dec 2015. Which one could be of more advantage keeping in view the OPT Extension issue.

    Thanks.

  7. Mahadevan Iyer on August 31, 2015 at 6:55 AM

    Mr. Raghu,

    Right from the beginning of July, 2014 when my daghter have decided to study abroad in USA., your advise and suggesstion for chossing the right univiersity and further information about studyin g decesion in USA, helped her and she left for USA on August, 13 th and have joined the univeristy at USA for her MS in computere science.

    Now the sudden developemnt of OPT 17 MONTHS EXTENSION revoking and vacating is disturbing me very much. After taking loan etc., resigning a job etc., she has gone there.

    Please let me know what will be happening, what we should do further in the matter.

    Kindly dvise

    MAHADEVAN IYER.

  8. Nilesh on August 30, 2015 at 9:27 AM

    Dear Raghuram Sukumar,
    You are doing great job by updating the latest affairs related to OPT status, H1 visa status and H4 status for Indian Students studying at USA. One has to attend carefully whatever developments takes place in this regard without any bios. We cannot avoid reality by closing our eyes towards unwanted happenings. Instead we should start our strong and positive efforts to minimize or avoid any loss to our Indian students. May God bless you and all of us to overcome such calamity by all means in a right way.
    My son has achieved Degree of B.S.in Mechanical Engineering in August,2014 from NYIT. He got his initial OPT from 23rd September,2014 to 22nd September,2015. He has been working as a Mechanical Engineer in US since 28th January,2015. His employer company had filed H1 Visa application for him on 1st April,2015 but unlucky to get it. Now he has applied for OPT extension for further 17 months by paying 381.25 us$ through USPS on 3rd August,2015. What will be the decision for him in this regard with reference to present context of OPT issue? Whether he will get 17 months extension for OPT status? Please guide me in this regard.
    Nilesh
    (Father of a Student)

    • Raghuram Sukumar on August 30, 2015 at 9:33 AM

      There’s no change in policy as of now. He should get OPT extension after USCIS approves the application.

  9. Sai on August 26, 2015 at 5:58 PM

    unsubscribe

  10. ThinkABoutIt on August 19, 2015 at 5:03 PM

    The white house petition needs to meet the threshold to get a response.

    I am sure each of us have multiple email ID’s. If everyone who has signed the petition just puts ONE MORE SIGNATURE – the threshold can be reached within a day.

    Think about it and put JUST ONE MORE.

    https://petitions.whitehouse.gov/petition/propose-proper-regulation-extending-stem-opt-022016-avoid-expected-shock-both-firms-and-students

    • Dipesh Gupta on September 6, 2015 at 5:16 AM

      So u r planning 2 use unlawful means 2 bend rules in your favour??? I realy hope d rule z revoked and you cm bck here.

  11. Curious on August 17, 2015 at 10:23 AM

    Few months back there was a news that STEM graduates might get to work for 6 years on F1. So instead of giving 6 years they revoked the already in place 17 months extention.
    This news has caused too much chaos in lives of F1 students.

  12. who cares on August 16, 2015 at 11:47 AM

    The international students are treated lessen than the illegals in this country. These people goes through so much struggle and competition to get till here and people cannot even stand them working for two and half years after spending thousands of dollars for their degree. I would suggest the government to focus on the illegals rather than the students.

  13. Raghuram.v on August 16, 2015 at 9:23 AM

    I think it’s going to very good in future as DHS grabs this opportunity to make a stronger application and keep stem extension alive for ever or may be extend it further to 3 years……….!!!

    • Chandra on August 16, 2015 at 10:14 AM

      So a person who come for masters in jan’16 have just 12months to grab H1, but not 12+17 months right ??

      • Raghu ram. V on August 17, 2015 at 12:23 AM

        @chandra……..that’s true even iam planning for my spring 16 intake and yes we have 12 months only to acquire the h1b…………but by the time we graduate I believe DHS will do sum thing about it……iam sure it will be sorted out by this December .

        • Chandra on September 30, 2015 at 8:39 PM

          Hello Raghu,

          Is F1 decreased to 2years now ?
          If yes, y ?

          • Raghuram Sukumar on October 1, 2015 at 7:08 AM

            Not now. Some students get it for 5 years and some get it for 2 years. Read the blog post on Visa vs Status.



    • Chandra on August 26, 2015 at 9:25 AM

      Hello raghu..
      How will be the visa rating for texas A&M university..??

      • Raghu ram. V on August 26, 2015 at 4:34 PM

        Hi,

        Well visa stamping depends on how genuine the docs. Are and your confidence, but yes as per the stats given by the edu. consultants in Hyderabad Texas a & m is fine for visa as its a public uni.

  14. Ajay on August 16, 2015 at 9:12 AM

    https://petitions.whitehouse.gov/petition/propose-proper-regulation-extending-stem-opt-022016-avoid-expected-shock-both-firms-and-students.

    Hi Raghu,

    I dont know how true is the information provided in the above link. But i have signed it through the given information provided, Do you think is this any reaction from the govt or DHS. Can you please verify it and if its true then please spread the information through the link that i provided.

    Thanks

    • Raghuram Sukumar on August 16, 2015 at 5:11 PM

      Everyone is sharing the same link 😀 and I don’t want to flood the comments with the same like 100 times.

      • Simran on August 18, 2015 at 11:03 AM

        I think we should flood it with this link and you should also share this link daily on your FB group and page so that maximum people can see this link. If you will just share it once it may miss some ones eye. Please Raghu share it daily on your page and remind people to sign the petition.

        • Raghuram Sukumar on August 18, 2015 at 11:56 AM

          I’m send it via News Letter and have listed on the page. Unfortunately I can’t publish over 100 times posted here in the comments.

  15. Chandra on August 16, 2015 at 12:45 AM

    Is this 17months extension applicable for students joining in SPRING 2016 which starts in JAN’16

    • Raghuram Sukumar on August 16, 2015 at 6:25 AM

      @Chandra – Don’t change your plans to come to USA.

  16. vivek on August 15, 2015 at 11:12 PM

    as an f1 student yet to complete his masters course, may 2016 is it advisable to complete masters and then get on the opt as regular or keep a course on hand and prolong the course and work on a cpt. because the rule is effective from feb 2016, what are my best options for this.

  17. ImmigrationDon on August 15, 2015 at 4:04 PM

    Raghu thanks for the effort to post this information and all the updates.
    Here is the short summary :

    1. The OPT extension is vacated but there is a stay on it till 12 Feb 2016.
    2. Students who are on OPT extension can continue to work as of now till February.
    3. Students can apply for OPT extension normally between now and February and it will get approved (in the normal manner).
    4. If DHS does nothing – then here is what happens:
    4(a). Everyone on STEM extension (irrespective of whether it was approved before Feb 12th) – will have to stop working starting Feb 13th 2016.
    4(b). Students on regular OPT can continue to work till their OPT expires.

    People who are planning vacations – if you are on OPT/OPT extension – you can legally enter the US with your EAD till Feb 12th 2016. But if DHS does nothing and you are trying to enter the US after Feb 12th – you won’t be able to do so. If you are in the US – you get the 60 day grace period to depart from the US.

    • Raghuram Sukumar on August 16, 2015 at 6:27 AM

      Thanks @ImmigrationDon for the summary.

  18. Aditya on August 15, 2015 at 12:50 PM

    I am currently on OPT which expires February 1st 2016.
    Am I eligible for 17 months STEM extension.
    If not what are the other options for me to stay back in U.S. with legal status.
    I heard they are some consultancies which are exempted from H1B cap and can apply H1B year round is that true if so can I know few of them.

    • Raghuram Sukumar on August 15, 2015 at 1:45 PM

      Check H1b visa Plan B course

      • sankeerth on August 16, 2015 at 1:18 PM

        Raghuram Sukumar,
        My masters start from September 8th 2015, can i do opt for 17 months after my completions of masters ?

  19. Ram on August 15, 2015 at 1:06 AM

    Hi,

    Guys any developments on th court decision from DHS.

    Thanks
    Bharath

  20. ajay on August 14, 2015 at 6:14 PM

    Currently, I am on 17 month Extension until November 26th 2016. Will there be any effect on my Stem Extension.

  21. Ashok on August 14, 2015 at 2:31 PM

    The saying is apt shoot the messenger on bad news.. One person even threatened litigation , well you sir are dumb if you really threatened litigation. Raghu sir is doing his best to inform students like us ! Take your frustration in lobbying with DHS

  22. nikki on August 14, 2015 at 12:39 PM

    Hi Raghu,

    My OPT is expiring on 25th Feb 2016. If I apply for my stem extension now will it get processed? Also i am planning for a vacation in December 2015 for a month. Will this affect in any way?

    • Raghuram Sukumar on August 14, 2015 at 5:07 PM

      Current Rules will stay the same. This ruling doesn’t affect anyone until Feb 12, 2016, unless DHS acts. I believe they will act. Keep following this site for updates.

    • Vaibhav on August 15, 2015 at 10:13 AM

      You can apply for OPT extension 120 days before your current OPT expires.
      If you apply within valid dates, it should certainly get processed and you should get a reply whether it is approved or not.
      I would recommend applying 120 days before, since processing might take upto 90 days.

  23. Abhijit on August 14, 2015 at 11:54 AM

    Well people have responded in a shocked mode that the news is fake. Rather than giving into shock read all details get as much info as you can and plan.
    Be thankful that someone is taking efforts to share information. Express dissent in respectful manner.

    https://www.lexology.com/library/detail.aspx?g=4a6c033f-2dac-4a98-9b64-227bd1990617

  24. Ramu on August 14, 2015 at 11:15 AM

    I will be valid from 12, Feb 2016.. not from Feb 16, 2016

  25. Ameen on August 14, 2015 at 9:52 AM

    Hey Raghu,

    My OPT is valid till the 11th of feb. Does that mean I can apply for a STEM ext before the rule is revoked?

    • Raghuram Sukumar on August 14, 2015 at 5:13 PM

      We don’t know what’s going to happen. Stay tuned for updates.

  26. Anup on August 14, 2015 at 9:48 AM

    Hi Raghu,

    As per the Ruling by Federal Court Against STEM OPT section the current 17 month OPT extension will remained valid till feb 6th 2016. So is it like anyone who is applying for 17 month extension before feb 6th will get it ? My 12 month OPT is going to get expire on 25th Jan, 2016.

    • Raghuram Sukumar on August 14, 2015 at 5:12 PM

      Keep close eye on the DHS updates for their plan of action.

  27. Anurag on August 14, 2015 at 9:46 AM

    Hi Raghu,

    I am going to graduate in jan 2016. So will i have just 12 months or will i be eligible for 17 months extension as my graduation date is before the feb 2016 deadline.

    Thanks

    • Raghuram Sukumar on August 14, 2015 at 5:13 PM

      Refer to other comments and posts 🙂

  28. RAVI on August 14, 2015 at 9:21 AM

    Hi Raghu,

    I’m on OPT stem extension and it expires on NOV 2016. I planned a small vacation to india around sep-oct will it effect anything at port of entry while coming back as OPT rule is in stay. I have all my documents available with me . Please help me on this . Thanks.

  29. Raghuram Sukumar on August 14, 2015 at 9:21 AM
    • Madhu on August 14, 2015 at 12:08 PM

      Hi Raghu,

      I wish this rule should be postponed at least for 2 years. Is there something we students can do? Its very sad news. I hope government will take wise decision considering students.

      • Raghuram Sukumar on August 14, 2015 at 12:47 PM

        Stay put. Every student in F1 is concerned. I will be updating as more info comes along. Refer to the video interview and blog post for more details. It’s not just one rule that’s made void, but 3 (all bundled into one). Something will be done.

        • Guri on November 15, 2015 at 11:15 PM

          Sir,
          My OPT is getting expired on Jan, 2016. I have applied for EAD extension in Sept, 2015 and I got my extended EAD for 17 months from Jan 2016 to June 2017. (Extended EAD in hand)
          I like to know that would I be eligible for 24 month extension as per the new upcoming rule?

          Thank you

          • Raghuram Sukumar on November 16, 2015 at 10:50 AM

            If rule is implemented, then you can get 7 more months of Extension.



          • Ram on November 16, 2015 at 10:56 AM

            Hello Guri,

            Can u please let me know when did u receive ur EAD card ? What date u sent ur packet and when u got it ?

            Since even my opt is getting over by Jan 2016 and I have applied for extension. Just want to know about a approx. timing.

            Thanks
            Ram



  30. Ram on August 14, 2015 at 8:19 AM

    Hi Raghu,

    Can you please attorney, will this be implemented to the students who are doing stem course here in US, who will be applying for OPT in 2015 and extension in 2016.

    Thanks,
    Ram

    • Raghu ram. V on August 14, 2015 at 9:05 AM

      Hi Ram,

      This is applicable to every one who wants to apply for extension after 2016 February, provided DHS doesn’t do anything about it…….b4 2016 February if anything positive comes up then no worries………I’m planning for jam intake and I’m upset with the news.

  31. Fan on August 14, 2015 at 7:04 AM

    Why DHS is only given 6 months, Where does this number come from. Any supportive law item said under this situation that the deadline should be set to 6 months?

    If the deadline is not set to be a reasonable length of a normal rule making process. Then what I can read from it is the court is not aiming at fix federal regulation with minimal loss. But carelessly putting us innocent people into the risk of getting faultless deported.

    • Raghuram Sukumar on August 14, 2015 at 7:38 AM

      @Fan – Court Voided the rule and added a stay of 6 months because of Chaos it would create. As of now, 6 months time is like an eternity. Consider if it was voided with effective immediately. So, 6 months is good. It’s better if it could have been more.

    • Yang Liu on August 14, 2015 at 1:45 PM

      yeah,I mean I am really pissed up.

  32. Neerajsing Rajput on August 14, 2015 at 6:04 AM

    Hi Raguram,

    Thanks for the news. This is really bad news for all the students.

    1. I want to know whether the judgement can be overruled if this is taken to the higher court by Department of Homeland Security?

    2. Is there any link where students can post der grievances or filing any petition stating that how badly this law will affect the current students and the current decision should be overruled as the whole basis of STEM is being cancelled?

    Suggestion: Cancelling whole STEM will be major loss to USA as well. Since major educational institutes run on foreign students. It will also be loss to high tech companies as they wont be able to find high skilled engineers.

    Please do ask the above questions and hopefully Homeland security answers the Federal court soon!

    Thanks in advance 🙂

    • Raghuram Sukumar on August 14, 2015 at 6:12 AM

      Neerajsing – I’m on your side. You will be notified on what are the next steps. We will know what DHS is planning to do in coming weeks. Stay subscribed.

  33. Srikar aditya on August 14, 2015 at 5:13 AM

    Sir,there is a small correction,in the video the date is mentioned as Feb16,2016.But the actual date is Feb12,2016

    • Raghuram Sukumar on August 14, 2015 at 6:13 AM

      Yup, I aware of that 🙂 Thanks for paying attention to it.

  34. Raghu ram. V on August 14, 2015 at 2:28 AM

    Hi,

    I got my f1 visa for a stem course for jan 2016 intake………. How many months of opt do u think I will get after I finish my course …..12 months or 12+ 17 or none!!!

    • Raghuram Sukumar on August 14, 2015 at 6:15 AM

      As of today it’s 12 + 17 months. Only DHS can answer the unanswered questions. My hope is that they should do something to not let students in Limbo.

      • Srivatsa on August 14, 2015 at 12:00 PM

        As if the current H1B and green card mess wasnt enough, this new rule is surely a blow to aspiring immigrants. USA is no longer the land of immigrants or opportunity. It is an overhyped place run by bullies and with its own problems. I urge the bright , young ambitious people to consider staying in USA as optional and put their skills and careers at the top of their priorities. Its useless to pursue and fight for a lost cause namely ,visa. I can tell you from my personal experience that i deeply regret chasing the visa for many years and lost too much time of my life. I no longer invest anything in this country. I will stay till the exchange rate stays the same and will gladly move to anywhere if there is any disturbance. I care less about visa issues.

  35. Man Vek on August 14, 2015 at 1:57 AM

    Please tell me truth of this news is it real or fake because a lot depends on this rule…

  36. Pratik001 on August 14, 2015 at 1:28 AM

    Raghu you are right! I have been with you for say 10 yrs now (probably), your articles are rightly written. People out of fear lambasting you.

    Point is, OPT has been cancelled.

    What I want to know is,

    what is the possibility that same or similar law will be implemented in next 2 years?

    I saw the H4 EAD rule timeline you have given, so can we say not until 3 years that OPT like extension could be possible??

  37. Satish on August 14, 2015 at 12:52 AM

    Why isn’t it updated in USCIS News section?

  38. [email protected] on August 14, 2015 at 12:50 AM

    Its really sad to hear 🙁 I was thinking to do my Under Grad in USA but if this is going to take place I won’t be spending 40 lacs than.. Also I eagerly want to move to USA but there no other options for that…

    • Raghuram Sukumar on August 14, 2015 at 6:17 AM

      Don’t STOP this from preventing you to come here. My cousin just landed here for his UG. I’m gonna interview him later today or tomorrow.

  39. Arun Kumar on August 14, 2015 at 12:48 AM

    Hi Raghu,

    I am currently working in OPT (12 months) since May 2015. My Opt expires in May 2016. How does this affect my case? Will I be able to continue working until May 2016 if the 17 OPT Stem Extension rule is revoked? Kindly advise.

    Thanks,
    Arun

    • Raghuram Sukumar on August 14, 2015 at 6:17 AM

      USCIS should approve 17 months OPT extension till Feb 12, 2016. We don’t know the next steps yet.

      • Chintan Chavda on August 14, 2015 at 1:47 PM

        Hi,
        I have OPT extension from October 2015 to March 2017, will it affect my opt extension after February 2016 ?

        Thank You

        • Raghuram Sukumar on August 14, 2015 at 5:06 PM

          Current Rules will stay the same. This ruling doesn’t affect anyone until Feb 12, 2016, unless DHS acts. I believe they will act.

  40. Sampada on August 14, 2015 at 12:39 AM

    The decision is not final or binding. The DHS has until Feb 12, 2016 to appeal the decision, failing which, the default will be that the OPT-extension will get canceled. I am not saying your news is fake; just that you have a misleading title. Since the decision is not final or binding, I request that you change the title to reflect the appropriate news. If you keep misleading people this way, sooner or later, nonsense of this kind will eventually get reported to USCIS and you will be next in line for getting sued. If you are a US citizen, I am confident that you are aware of the repercussions of being a citizen of an extremely litigious country. All the best.

  41. Aaryan on August 14, 2015 at 12:03 AM

    If at all this new is true, can you answer this for me, My 12 month opt period ends on Feb 6th and can i or is it valid for me to apply for an extension . And if i did will i get the 17 month extension.

  42. Vinay rohit on August 13, 2015 at 11:53 PM

    I did not apply for H1 since i thought that I had second chance in next year. So what is my position?
    Suppose if a students opt is ending in month of Jan in 2016, so he will apply for extension in Oct 2015. Will he/she get the 17 month extension or not?

    • Raghuram Sukumar on August 14, 2015 at 6:19 AM

      You made a BIG Mistake. You should have never let go of a chance to apply for H1B irrespective of this court decision.

  43. Priya on August 13, 2015 at 11:51 PM

    Hi,

    I am currently on OPT and it expires on 29th Feb. 2016. So I have to apply before that for stem extension. So under the current situation, can I apply for stem extension or not?

    • Raghuram Sukumar on August 16, 2015 at 6:33 AM

      Priya – You should be able to apply for STEM OPT Extension anytime before Feb 12, 2016.

  44. john on August 13, 2015 at 11:06 PM

    This hurts us a lot… promised of giving STEM before applying and once finished with it, the rule changes…Hope American Govt will do justice to students and thier promises.

    • Raghuram Sukumar on August 16, 2015 at 6:34 AM

      Hello John – DHS/USCIS should do something about this and they will.

  45. Max on August 13, 2015 at 10:43 PM

    Accept the fact that your blog post was misleading to people. Or else why would these many people oppose you? Or why did you edit your post after ridicules? Clearly, you wanted attention by posting a negative article to freak people out. Though some of the information you posted might be true. You gave an impression is that the 17 month stem impression is cancelled and started talking about how it will affect the students, like you are sure that this is gonna happen. That totally sucked!

    • john on August 13, 2015 at 11:04 PM

      This hurts us a lot… promised of giving STEM before applying and once finished with it, the rule changes…Hope American Govt will do justice to students and thier promises.

      • Neerajsing Rajput on August 14, 2015 at 4:44 AM

        Its like we are being cheated here. You are correct !

    • Ganesh on August 13, 2015 at 11:15 PM

      Hey Raghu,

      You said in the video that you will talk to an immigration attorney and find out more about this issue. Please keep us updated.

      • Raghuram Sukumar on August 14, 2015 at 6:21 AM

        Interview will be at 8:15 AM EST via Skype. I will publish it shortly thereafter.

    • Karthik on August 13, 2015 at 11:15 PM

      What’s the situation for the students who had applied for the OPT stem extension and there extension starts any where this month or coming months will they be licensed to have a 17 months validity till 2017 or even there are liable under “FEB 16 2016 ” rule. I have a RFE noticed under OPT stem extension couple days back what are my chances here??

    • Chandra on August 14, 2015 at 1:38 AM

      I believe that this is true. But, this is just a Court’s question to DHS to defend for allowing a 17th month STEM OPT extension and wants a final answer without extending the case any further. Only immediate impact would be for new appeals for OPT extension. They will neither be declined nor approved, just kept on hold till everything clears out. A counter question can be raised to the petitioner in this case which will buy further time for DHS on this along with requesting some more time for rule amendment. I give this till end of 2017 😉

  46. srinivas on August 13, 2015 at 10:39 PM

    please don’t do this we spend nearly 20lakes for my school fee and now if it happen its really bad news

    • Harry on August 13, 2015 at 11:56 PM

      Yeah right. 20 LAKES?

  47. aparna on August 13, 2015 at 10:39 PM

    not yet filed h1b , have to file stem extesnion……i have to file it and should get stem extension….they cannot cancel it all of a sudden……no cannot play with an immigrant life…

  48. Srikar on August 13, 2015 at 10:06 PM

    Hi guys , let us put all this arguments aside for a moment and think.. just think..the kind of taxes we pay per month , they will loose everything (approximately 100000*1000(tax)=bomb of money direct taxes and indirect taxes(rent,food,phone, etc) which they will never loose . Dont just panic ..DHS will come up with something , any thing can happen here .

  49. Neel on August 13, 2015 at 9:32 PM

    Hi Raghu,

    Can you tell me that, if one is working right now on 12 Month OPT period which started on Mar 15, 2015. Can one file for OPT Extension, up to Feb 16, 2016? What’s the start date for possibly filing for the OPT Extension?
    If one cannot do any of the following, what could be one’s immigration status?

    • Anon on August 14, 2015 at 12:20 AM

      You can apply for STEM OPT Extension from 120 days before your OPT expires.

    • pals on August 14, 2015 at 1:45 AM

      +1

    • owen on August 14, 2015 at 2:56 PM

      Based on what I read, by 2/16/2016. Everyone out. Your ead extension card will no longer be valid.

  50. Sahil on August 13, 2015 at 8:47 PM

    I dont understand why are people calling this a fake news & bashing Raghu, who is in fact trying to keep us aware of the latest happenings in this case.
    1. http://goo.gl/50FCT5
    2. https://goo.gl/B2Ygvr
    3. http://goo.gl/502Tt5
    4. http://goo.gl/yyck46
    5. http://goo.gl/3gklVk

    5 more links for people who think this is fake. This is real, just not final yet, hoping for DHS to help us out. *fingers crossed*

  51. Hari on August 13, 2015 at 8:22 PM

    This guy is well known for publishing fake news and he proved it again with this post.

    • Raghuram Sukumar on August 13, 2015 at 8:49 PM

      Prove it please!

    • Pratik001 on August 14, 2015 at 1:32 AM

      Nonsense!

  52. Raghuram Sukumar on August 13, 2015 at 8:03 PM

    I read what’s posed in other sites. I have posted the facts here. You can l it fake or no news.. read the 37 page (or the conclusion).

    As of Now Judge Vacated (Cancelled) the Rule.

    DHS has until Feb 16, 2016 to challenge or publish the rule with proper comments period.

    Will DHS do this? Ofcourse they will.

    Is 6 months enough time for them? Only DHS can answer that. Hope they do that. But, until otherwise there’s change, this 17 Months OPT rule is vacated as today starting Feb 16, 2016.

    Last time rule making happened for H4 EAD (took over 2 years). Hope, there’s a way for DHS to speedup the process.

    • Ravi on August 13, 2015 at 8:17 PM

      Stop publishing fake news without reading everything.

      • Raghuram Sukumar on August 13, 2015 at 8:44 PM

        Could you prove its Fake News?

        • Ravi on August 13, 2015 at 9:31 PM

          They didn`t revoke it. They asked DHS to correct the rule with proper commenting period. Don`t publish the news without reading the facts

          • Raghuram Sukumar on August 13, 2015 at 9:34 PM

            Read the updated last section in the blog.

            What happens on Feb 17, 2016 if DHS doesn’t do anything?



  53. GP on August 13, 2015 at 7:33 PM

    Guys check immigration girl page, it has the correct analysis by an attorney.

    I wish, if the author here could read and understand the judgement before posting non-sense like this.

    • Kartheek on August 15, 2015 at 4:13 AM

      Could you please post the link.

  54. Ram on August 13, 2015 at 7:27 PM

    Hi,

    Shocking!!!!

    Will this be affect for the current students who will be applying for OPT in 2015. Can they get extension or only for 12 months.

    Please answer these questions.

    Thanks

  55. SP on August 13, 2015 at 7:26 PM

    The ruling only asks DHS to take public comments on the rule. It does not revoke anything.

  56. chakri on August 13, 2015 at 7:12 PM

    This is fake news.I am studying in NPU and NPU they don’t provide CPT on day1… clearly its a fake news…..How come should we believe this news ??

    • Raghuram Sukumar on August 13, 2015 at 8:07 PM

      I updated the page. NPU doesn’t offer Day 1. CPT. You should page Court Ruling ( see above post).

  57. Venkata Janapareddy on August 13, 2015 at 6:51 PM

    I never thought I would see something like this on HSB without verifying the facts!

  58. Venkata Janapareddy on August 13, 2015 at 6:32 PM
    • Raghuram Sukumar on August 13, 2015 at 9:13 PM

      Question for you – What happens on Feb 17, 2016 if DHS does nothing to OPT STEM Extension?

      • Venkata Janapareddy on August 14, 2015 at 12:56 AM

        Do you think, DHS gonna do nothing ? Anyway, You should post that question in your blog before asking me and before freaking out people.

  59. Prashant on August 13, 2015 at 6:25 PM

    I think this is not a final verdict. It is open for public comment till Feb 12th. It may or may not take into effect. I wonder if It can be challenged in higher courts too. What may happen to those who already have their valid EAD for STEM extension beyond Feb 12th?

    • Raghuram Sukumar on August 13, 2015 at 8:25 PM

      It’s not open to public comments. DHS probably will have to Rule Making process. Once they start it, you will hear from me to go and post your comments to support 17 months OPT Extension and beyond.

      Overview of Rule Making Steps is posted here – https://www.happyschools.com/qualification-h4-visa-spouses-ead/

      I will ask an Attorney Murali tomorrow about speeding of Rule Making process.

  60. DEXTER on August 13, 2015 at 6:20 PM

    Raghu, the important question- Should students now come to USA for higher studies ? — Whats your view ?

    • YAhoo! on August 13, 2015 at 8:32 PM

      NO

  61. vk on August 13, 2015 at 6:13 PM

    At the top of this post you say ‘Rule will be valid on Feb 16,2016’ .
    At the bottom you say ‘Rule will be valid until Feb 16,2016’.
    Explain?

  62. Mahesh Guru on August 13, 2015 at 6:11 PM

    attention seeking redefined!

  63. Amit Ruparel on August 13, 2015 at 6:00 PM

    https://www.linkedin.com/pulse/court-invalidates-17-month-stem-opt-extension-rule-12-a-chichoni

    “This decision invalidates the current 17-month STEM OPT extension, but stays the ruling for 6 months (allowing the existing 17-month STEM OPT extension to remain in place until February 12, 2016) in order to allow DHS to promulgate a rule restoring some version of a STEM OPT extension”

  64. Deepthi on August 13, 2015 at 5:59 PM

    Seems like they revoked the STEM extension and extended the OPT period to 24 months.

    • Raghuram Sukumar on August 13, 2015 at 6:09 PM

      Where did you read that (about 24 months) 🙂

    • DEXTER on August 13, 2015 at 6:22 PM

      How do you infer that ?

  65. Vivek on August 13, 2015 at 5:56 PM

    Please post answers regarding people who are currently on OPT and will apply for OPT extension before Feb 16th 2016.

    Do we have any statement from the Department of Homeland Security?

    Are they going to appeal the decision given by the district court?

    • VJ on August 13, 2015 at 6:09 PM

      Yes Vivek

      The court did ruled that the current STEM extension is deficient but it gave DHS a notice until Feb 2016 to provide a valid comment on it.
      This case has been in court for a long time and just one day judgement is not a final judgement.
      I am sure yo u know how court judgement works, one day they will ask one party to provide evidence and another day they will provide another party.

      Regards,
      Indian Attorney US Citizen!

      • Vivek on August 13, 2015 at 6:13 PM

        Let’s wait and see… Thanks for the reply 🙂

      • Raghuram Sukumar on August 13, 2015 at 6:17 PM

        I will be happy to change the title when DHS responds and Court Ruling is changed 🙂

  66. GOD on August 13, 2015 at 5:56 PM

    Buddy don’t panic students. If the news is real it could have been posted in USCIS. Do you think happy school will react fast than USCIS. Dude people will sue you, Shut up your mouth.

    • Raghuram Sukumar on August 13, 2015 at 6:02 PM

      I will be happy to see your reaction when you hear this is REAL (how HSB got to it SO FAST).

      • VJ on August 13, 2015 at 6:08 PM

        Okay Raghu, your news is partly true.
        The court did ruled that the current STEM extension is deficient but it gave DHS a notice until Feb 2016 to provide a valid comment on it.

        Your news may create panic that’s why I urge you to change the title.

        This case has been in court for a long time and just one day judgement is not a final judgement.

        Regards,
        Indian Attorney US Citizen!

      • Vaishnavi on August 13, 2015 at 6:37 PM

        There is no where the term ‘revoked’ projected or explained. The only terms used- ‘stayed’ ‘vacate’ ‘remand’. Care to explain why you would include that on your title?
        We have a lot dependent on this and all you care for is clickbaits? Grow up.

        • Raghuram Sukumar on August 13, 2015 at 8:12 PM

          Words from Court: The Court will vacate the 17-month STEM extension described in the 2008 Rule,
          73 Fed. Reg. 18,944 (Apr. 8, 2008), staying the vacatur until February 12, 2016

          Definition of Vacatur: an order of court vacating a legal proceeding.

  67. charan on August 13, 2015 at 5:43 PM
  68. dvnk on August 13, 2015 at 5:42 PM

    what is the effect for those who already have stem extensions valid until 2017

  69. chaitu on August 13, 2015 at 5:41 PM

    I am planning to graduate in May 2016 but after seeing this I would like to graduate in December 2015. Would that help me to get 17 months extension.

    • Raghuram Sukumar on August 13, 2015 at 5:44 PM

      We have to wait and see about the impact of this rule.

    • Mohit on August 14, 2015 at 4:47 AM

      No, if the rule is revoked, u cannot get!!

    • Yogesh on August 15, 2015 at 6:57 PM

      Please let me know if graduating in December will give you 17 months extension, I am graduating by month of Dec.

  70. karthik on August 13, 2015 at 5:39 PM

    My OPT started in july 2015 . Will this effect me?

  71. Siva on August 13, 2015 at 5:34 PM

    I know nothing is clear as of now , but do you think this would affect those who are on STEM extension already? Will our F-1 status be revoked after Feb 16

  72. student on August 13, 2015 at 5:34 PM

    Hi raghu,
    In that pdf it is announced on aug 12th so do you think it will take such a long time for the news to come out?

  73. Nitish on August 13, 2015 at 5:27 PM

    I checked regarding this on http://www.USCIS.gov .there seems to be no news regardin this bit hoping to get an update if its made official

  74. sudheer on August 13, 2015 at 5:26 PM

    My 12 months opt valid till feb 8 2016, i will be applying for extension in the month of Oct 2015, so will i get extension or not?

  75. PP on August 13, 2015 at 5:21 PM

    Hi Raghu,

    My OPT expires on 31st Jan , i was planning to file extension in OCT so that my extension will start from 1st Feb ..so do you think i will get extension or not ?

  76. Deepthi on August 13, 2015 at 5:11 PM

    Is this really true? will it applies to current students or only for the students who will start their course from Feb 2016?

    • Raghuram Sukumar on August 13, 2015 at 5:16 PM

      100% Ture. Keep posting your questions. I don’t have answers (so does lot of other people). this is breaking news.

  77. kiran on August 13, 2015 at 5:11 PM

    Its fake. happy school is doing this to get the traffic on the websites or may be something else. i don`t see this any where in the internet

    • F1 on August 13, 2015 at 5:14 PM

      See this judgement copy:

      irli.org/wp-content/uploads/2015/08/2015.8.12-Memo-Opin.pdf

      • Raghuram Sukumar on August 13, 2015 at 5:20 PM

        trash

    • Raghuram Sukumar on August 13, 2015 at 5:22 PM

      Re-read the attached Court ruling document!

  78. Vibhav Kumar on August 13, 2015 at 5:11 PM

    I guess this article talks about the same issue. http://www.courthousenews.com/2015/08/13/dhs-ordered-to-get-publics-take-on-tech-student-visas.htm. I’m no legal expert but from what I can understand, your story appears to be far-stretched. Care to comment/clarify?

  79. Manideep on August 13, 2015 at 5:05 PM

    my OPT extension should start from feb 10th will it effect me also??

  80. F1 on August 13, 2015 at 5:04 PM

    Judgement copy: irli.org/wp-content/uploads/2015/08/2015.8.12-Memo-Opin.pdf

  81. ahmed on August 13, 2015 at 5:02 PM

    Raghu,

    What do you think this means for students currently on their 17 month opt extension which expires post feb 2016? Will they be out of status after feb 2016 or will they stay in status till thier ead expires?

    • Raghuram Sukumar on August 13, 2015 at 5:21 PM

      I don’t know. But, I will get the answers for you. Keep posting your questions and share this with your Facebook friends.

  82. satish on August 13, 2015 at 4:56 PM

    Is this final judgement ? stopping opt extension from feb 2016

  83. satish on August 13, 2015 at 4:55 PM

    If it’s believed true: this rule becomes valid on Feb 16, 2016.,
    So People applying for the extension in 2015.. All Good ??

    • Eshan on August 13, 2015 at 5:16 PM

      I want to know the answer too. I am currently on OPT and want to apply for STEM extension next year. Might go and apply for it this year but in Conclusion it says they will vacate the rule.

  84. Ffdg on August 13, 2015 at 4:38 PM

    Fake news don’t worry guys

    • Raghuram Sukumar on August 13, 2015 at 4:40 PM

      I’m going wait and see, when you are going to come running back to HSB for more details.

      I’m JUST FAST and news outlets are REAL SLOW.

    • Raghuram Sukumar on August 13, 2015 at 5:23 PM

      See the attached court ruling and I told you before.. you are going to come back here for ANSWERS!

  85. Eshan on August 13, 2015 at 4:29 PM

    Shocking.

  86. mahi on August 13, 2015 at 4:26 PM

    Are you sure raghu is this officially anounced?if it is officially implemented it is going to be a big impact on F1 students

    • Raghuram Sukumar on August 13, 2015 at 4:39 PM

      When I post a News, usually everyone has the same question… Is it official. I don’t see this anywhere else. I searched in google and there’s no news.

      Eventually news outlets will pickup the news and will start writing this.
      Then you will know how FASt I work and my depth of sources of BREAKING News.

      • kk on August 13, 2015 at 4:49 PM

        Hello Raghu,
        Will this affect the current students working on STEM Extension?

        • Raghuram Sukumar on August 13, 2015 at 5:00 PM

          Keep posting your questions. I updated the page with more information.
          Re-Read the details please.

      • Siddarth on August 18, 2015 at 11:40 PM

        Raghu do not listen to what people comment as we know some people are jus there to criticize. You are doing a great job and your source is an official source to refer let’s hope everything would go well.

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