stem opt extension revoked by court

17 Months OPT STEM Extension – Revoked by Federal Court

Raghuram Sukumar OPT 176 Comments

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


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

    1. Author

      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.

        1. Author

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

      1. 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.

    1. Author

      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.

    2. Author

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

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

    1. 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.

  3. 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?

    1. Author

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

  4. 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

    1. See this judgement copy:

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

    1. Author

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

  6. 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 do you think i will get extension or not ?

  7. 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?

  8. 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?

  9. 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

  10. 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.

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

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

  12. 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.

    1. Author

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

      1. 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.

        Indian Attorney US Citizen!

      2. 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.

        1. Author

          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.

  13. 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?

    1. 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.

      Indian Attorney US Citizen!

      1. Author

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

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

  15. 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’.

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

  17. 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?

    1. Author

      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 –

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

    1. Author

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

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

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

  19. 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 ??

    1. Author

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

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

  21. Hi,


    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.


  22. 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.

  23. Author

    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.

        1. 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

          1. Author

            Read the updated last section in the blog.

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

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

  25. 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?

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

  26. 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 .

  27. 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…

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

  29. 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!

    1. 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.

    2. 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.

      1. Author

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

    3. 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??

    4. 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 😉

  30. 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.

    1. Author

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

  31. 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?

    1. Author

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

  32. 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?

    1. Author

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

  33. 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.

  34. 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.

  35. 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.


    1. Author

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

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

        Thank You

        1. Author

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

  36. 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…

    1. Author

      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.

  37. 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??

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

  39. 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!!!

    1. Author

      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.

      1. 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.

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

    1. Author

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

  41. 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 🙂

    1. Author

      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.

  42. 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.

    1. Author

      @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.

  43. 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.


    1. 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.

    1. 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.

      1. Author

        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.

        1. 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

          1. Author

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

          2. 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.


  44. 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.

  45. 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.


  46. 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.

    1. Author

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

  47. 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?

    1. Author

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

  48. 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?

    1. Author

      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.

    2. 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.

  49. 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

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

  51. 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.

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

  52. 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.

  53. 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.

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

    1. Author

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

      1. 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.

        1. Author

          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.

  55. 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……….!!!

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

      1. @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 .

          1. Author

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

      1. 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.

  56. 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.

  57. 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.

    1. 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.

  58. 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 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.
    (Father of a Student)

    1. Author

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

  59. 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


  60. 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.


  61. 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.

    Mihir Shah

    1. 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!

      1. 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..


        1. 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.

  62. 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?

    1. Author

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

  63. 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.


  64. 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?


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