Recently DHS passed certain "compliance regulations" for the STEM OPT extension which require students to report a change of employer within 10 days while a student is on STEM OPT. I submitted it almost after two and a half months. My employer took a long time to generate I-983 (I informed a month late).


Since I am "not in compliance" with STEM OPT reporting requirements, what is the worst that could happen?

Now, my employer is filing for work visa. There are two options for filing the work visa: change of status and consular processing https://www.mmhpc.com/2016/02/5416/

Which one should I go for to ensure maximum chances of approval?

I have also lost both my EAD cards: new and old. What would be the best time to apply for new ones? Before H1-B application (right now) or after it? I have a scanned copy, though, and have sent it with the current H1B application. For the old EAD card, the employer was concerned that the scan is out of margin a bit, and asked for the approval letter which I was unable to find. What is the best that I should do about this?

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    For consular processing, you have to leave the US. Are you able to leave the US, or already planning to do so? – phoog Mar 12 '18 at 22:49
  • When ? And for minimum how long? It it's just for stamping, I am willing to leave the US – abroad_dream Mar 13 '18 at 23:51
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    When: before your current status expires. I'm not sure what bearing your compliance has on that. For how long: my understanding is that it could take a few months or even several months. It's not only for stamping; you need to wait for your employer's petition to be approved and then the consulate needs time to consider your application and decide whether to grant the visa. – phoog Mar 14 '18 at 1:53
  • There are no regulations relating to "what can happen" when you don't comply, the school official confirmed this to me. They said the only problem is that "the officer who grants you the visa will look at your record" that this was not timely filed. – abroad_dream Mar 14 '18 at 2:46
  • What I meant was whether the noncompliance means that you are already out of status. – phoog Mar 14 '18 at 5:54

Nothing bad happened to me, and my friend, which was also out of compliance in a similar way, got his H-1B picked in lottery without any issues.

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