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Thread: Erroneous shortening of live i20 and denial of OPT

  1. #1

    Erroneous shortening of live i20 and denial of OPT

    I joined in August 2017 as an MS-by-thesis student with a valid I-20 upto May 2019. I was hoping very much to complete my MS by Dec, 2018. Since I was almost sure to complete my MS by Fall 2018, I applied like all other students like me, for graduation before the university deadline in October 2018. Hoping to complete MS, I also applied and got a PhD admission at the same school. This PhD admission was with the condition that I should complete MS Degree before joining for PhD. I received the PhD i-20 in October 2018. My thesis could not be completed by Dec 2018, hence I have no option but to continue my MS and defer my phd and I informed ISSS on the last working day of fall, 2018 i.e. on 15th Dec, 2018 that I am continuing my MS and deferring my PhD to fall 2019 or later and I would like to apply for OPT after completion of my MS in spring 2019. On 27th, Jan 2019 the DSO called me to ISSS office and said that she shortened my MS i20 and now need to activate my PhD I-20. I told her that I could not start the PhD program since I had not completed my MS yet. According to ISSS the reason for terminating my MS i20 was that (1) I applied for a PhD i20 and I received it and (2) I had a petition to graduate in Fall 2018. But I informed ISSS the correct position, by email, on the same day ie 15th December 2018, which was the last day of Fall 2018 semester. She didnít care to verify the position of my MS Degree status before shortening or terminating my live MS i20. This she did without my knowledge, without the knowledge of my department and without seeing University records. Now perhaps she realizes that she has done a blunder. But she is not ready to accept it and not ready to correct it as a DSO error. She says that she tried to reactivate my MS i20 but SEVIS is not allowing that action. According to the her (DSO of ISSS), the SEVIS is denying it on the ground that my intimation of non- completion of MS Degree was after the shortening of my MS i20. Actually I informed them about this on the same day of my MS i20 termination (that is incidentally the last day of the semester) by noon by 1.40 pm (please see lines 9 to 11 above). I am now told by my well wishers that even if I have not informed, the DSO has a duty to see all aspects thoroughly before proceeding to shorten a live i20. Is it correct? Here by all aspects the DSO has not merely committed not just errors but she had committed blunders. I understand that there are provisions in SEVIS to correct the DSO mistake by DSO herself. My apprehension is that she is not ready to accept these as her error and she is not reporting to SEVIS as her error and hence perhaps SEVIS is denying correction. Can that be correct? I have not received any communication from SEVIS. I have become without an i-20 and status and I lose my OPT which everyone can understand is a big loss to me. My Advisor, HOD and the whole department, strongly support me. DSO says that she is trying to activate my PhD I-20. This is a dead i-20 in the first place because I am not eligible for joining PhD for the reason of not fulfilling the admission condition of passing MS; I have not joined PhD and I am continuing my MS. Now for 3 months I did not have an I-20 and most of the time I was not even aware of it. Whatís the course of action left to me to regularize my Fi status and obtain an OPT. My time for applying for OPT is fast running out. Since only defence of my thesis remains now, I am now sure to complete MS by 4th May 2019. I seek the advice from everyone so that I can take necessary steps asap.

  2. #2
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  3. #3
    I am confused , how u got I 20 for PhD before finishing the masters program, you can not transfer the sevis not until after the graduation date, if you transfer b4 graduation then it considered as u finished ur degree! Not sure how ur dso given new I 20, before expiration of i-20. If you have all the proofs you can contact the lawyer but not much information there about it.

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