In October 2024, our office successfully obtained a STEM OPT EAD for a student who was previously associated with Apex IT Systems Inc. ("Apex IT").
As an F-1 visa international student, our client participated in the OPT program and was hired by Apex IT. Unbeknownst to our client, USCIS's investigation revealed that Apex was a fraudulent organization. USCIS has relentlessly pursued former students who were associated with Apex IT, issuing Requests for Evidence ("RFE") and Notices of Intent to Deny ("NOID") alleging misrepresentation and fraud. Notably, in some RFEs and NOIDs, USCIS claimed that the former student should have known that Apex IT's address was that of a Mexican restaurant in a strip mall. USCIS faulted the students for not recognizing this and denied many of their STEM OPT or H-1B applications.
Attorney Nguyen D. Luu and our legal team took on the case to assist our client. Our office prepared a legal brief, the client's statement, and supporting documents to firmly establish that our client had not made any misrepresentations to the U.S. government regarding their past OPT employment and should not be found inadmissible.
We are pleased to report that USCIS approved our client's STEM OPT application after months of significant processing without issuing an RFE or NOID.
If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, AZTech Technologies, Tellon Trading, Inc., Arecy, CG Max Design Corporation, XCG Design Corp, or Apex IT Systems Inc. in any capacity, it is crucial to consult with an experienced attorney immediately. Early consultation can help identify potential issues in your case and develop a strong strategy before applying for any immigration benefits.
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