Applying for OPT extension without Diploma received from college

Hi, my name is Nihar and I am working under a STEM emplyer under OPT and my OPT will expire on February 5th 2013, so I went to my college for applying extension and could not since I did not have the Diploma and college told me that I never applied for graduation so I couldnt get my diploma how ever I graduated in December 2011 and the never applied for it so didnt receive it and found out yesterday only that I cant get my Diploma before May 2013, so how do I approach further with applying for OPT extension, The college advisor told me that I can still apply and they will either reject or send an RFE for missing Diploma and then I wont have anything to respond them untill May 2013 so whats the best option I have got in this case, I dont want to lose my Job. Please reply me with any sort of option that I have got and can utilize it.

I don’t think you have many options. If the school cannot issue Diploma prior to May 2013, then they will issue the RFE for OPT extension. Even if you go for H-1, they will ask for copy of Diploma to confirm that you have completed the course.

What you can also try is submitting a letter from the school stating that although you have graduated, you will not receive the Diploma until May 2013 and then see if USCIS accepts that in lieu of actual Diploma copy.

A lawyer may be able to provide more options.