QUESTION

My OPT STEM case is processing right now. Am I eligible to work right now?

Asked on Mar 15th, 2018 on Immigration - California
More details to this question:
I applied my OPT STEM two month ago. They return my materials twice because my form was outdated. I sent them the third time, then they receive it and processing right now. The first time I sent my application was on time. The third time my EAD card already expired. Am I eligible to work since they are processing my case right now?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Although those applying for a STEM extension have the right to continue working during the time of extension, that is predicated upon the application for extension being filed on time. Your application appears to have been rejected 2 times by U.S.C.I.S., and you state that on the 3rd occasion, your EAD card was already expired. Under the circumstances, it would not appear that you have employment authorization at this time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Apr 07th, 2018 at 12:01 PM

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