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OPT Denied : Please help

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  • OPT Denied : Please help

    I made my OPT application online on May 20, 2014 and as suggested by DSO, I handed over my application copy and photographs to DSO. He said that he was going to send them by himself through college certified mail with I20 and recomendation letter to USCIS.
    Now after three months I got a letter from USCIS saying "The record shows that the application was made on May 20 2014. The DSO's recommendation for OPT was entered into your SEVIS record on June 19, 2014. You submitted your application for employment authorization before the DSO updated your SEVIS record with a recommendation for OPT.
    THEREFORE, YOUR APPLICATION IS DENIED "

    It was my DSO who delayed the process. He updated my SEVIS very very late and then sent the documents to USCIS after one month.

    Please help me.
    Should I talk to my DSO or consult a lawyer?
    My start date was July 15, 2014. If I somehow get my OPT within next month say OCT, will it be the same start date?

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (Sept 9th)

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      • #4
        1 things gone too far dso can not do anything now .. Even u file for mtr it takes too much time ..
        2 it is gone ..better to find alternate way

        Comment


        • #5
          Theres nothin u can do now. Check if ur sevis is active or not. Usually u ve 60days of grace period after denial decision. If active u can get ur sevis transferred to a diff school. If not active also there r options to get back on to status. Good luck

          Comment


          • #6
            If u. R sevis is active u can reapply for opt n after graduation we have 60 days to apply for opt all the. Best

            Comment


            • #7
              I think this was covered by some of the answers below. but just to clarify.. You get 60 days of grace period after your graduation to apply for an OPT. If you are within that period and have ur sevis as Active/ Pending (and is NOT COMPLETE) then you can reapply.. Reapply this time taking all necessary precautions and make sure ur application reaches the USCIS before the end of that 60 days. If the above option not then you should start looking at alternate options.. and anything u do, you need to do before ur 60 day grace period ends.. All the best !!

              Comment


              • #8
                Hey, I faced a similar issue and your best bet is to find a lawyer and file a Motion to Reopen. Despite what the internet says about an MTR taking months on end, they have been fairly responsive to me. I suggest you consult a good lawyer immediately.

                Comment


                • #9
                  As for the start date, unfortunately even if your OPT is approved, it will be from July 15th.

                  Comment


                  • #10
                    Hello, Could you please share what is the outcome of your I290B? I just got a denial letter because my DSO updated my SEVIS a day after I applied. Your response is greatly appreciated.
                    Thanks!

                    Comment


                    • #11
                      @Chakradhar Reddy, sorry to hear about your case denial. My i290b was ended up in denial too

                      Comment


                      • #12
                        @Chakradhar Reddy, sorry to hear about your case denial. My i290b was ended up in denial too eventhough my college had given them a letter stating their side of story for delayed update of sevis. I didn't work out that way. So, my lawyer made a new application(i765) with a new letter from college taking full responsibilty for their mistake and a letter from my side explaining that things were not in my power & its purely an administrative fault of college. This was the ground of my new application and its still pending.
                        Now, in your case, if you are in 60 days from your graduation date; u can file a new application(i765). If it's been more than 60 days from your graduation date, you should hire a lawyer immidiately and explore your options.
                        My advice to you is make a new application rather than i290b since the technical error remain the same that sevis was upated after you applied. USCIS consider both college and student equally responsible.

                        Comment


                        • #13
                          OPT Denial

                          Originally posted by aman.mbs View Post
                          @Chakradhar Reddy, sorry to hear about your case denial. My i290b was ended up in denial too
                          Thank you @aman for your feed back.My question is will the uscis appect my new appliaction for i765 even though i passed 60 days of my graduation.?

                          Can share some lawyer details who has been dealing with the same issues.

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