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root123

Need help - Stayed out of Country more than 5 month on Stem OPT

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I am out of the country from September 2021, but I have a valid Job and a residential address in the USA and submitting my stem opt reporting on time to my DSO and I could see the same in my SEVIS portal. I planned to come to the USA in December 2021 but I couldn't come back for some personal reasons but continued to work.

I just came across the 5-month rule. Now I am worried if this going to be a big mark on my profile. Could you provide some guidance on what are the consequences as I am willing to come to the USA on a different visa in future. Please let me know what I should tell my DSO and how to handle this situation.

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Filed: F-2A Visa Country: Nepal
Timeline

You are allowed to work remotely on OPT (covid policy) so at least you are good on that aspect. However, when was your i20 signed for travel authorization? Usually travel signature on i20 is valid for six months so you may not be able to return back on OPT. Tell DSO that you will be working remotely till OPT validity and will stop working thereafter and see what they say.

 

Your future non immigrant visa issuance or travel will be on its own imo. You don't see to have violated your status yet but a good opinion from your DSO is a good idea.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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28 minutes ago, arken said:

You are allowed to work remotely on OPT (covid policy) so at least you are good on that aspect. However, when was your i20 signed for travel authorization? Usually travel signature on i20 is valid for six months so you may not be able to return back on OPT. Tell DSO that you will be working remotely till OPT validity and will stop working thereafter and see what they say.

 

Your future non immigrant visa issuance or travel will be on its own imo. You don't see to have violated your status yet but a good opinion from your DSO is a good idea.

My i20 last signed in september. Yeah I have to talk to my DSO. I just worried if they immediately terminate when I notify them. btw do you have any link to that covid policy 

Edited by root123
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Filed: F-2A Visa Country: Nepal
Timeline

your DSO would have knowledge in that was well.


https://www.ice.gov/doclib/coronavirus/covid19faq.pdf

 

https://www.cmu.edu/oie/faq/employment.html

I'm abroad and in my OPT/STEM OPT period or about to start; can I work while outside the U.S.?

According to SEVP guidance, “Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other 'Material Changes' remain in effect."

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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10 minutes ago, arken said:

your DSO would have knowledge in that was well.


https://www.ice.gov/doclib/coronavirus/covid19faq.pdf

 

https://www.cmu.edu/oie/faq/employment.html

I'm abroad and in my OPT/STEM OPT period or about to start; can I work while outside the U.S.?

According to SEVP guidance, “Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other 'Material Changes' remain in effect."

I really appreciate. thanks for the info. Actually I am planning to terminate my sevis in After august 19th. do you suggest talking about my status on Monday(I am thinking to do so as) or wait till August 

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