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  • OPT got denied, need to file an MTR

    Hello,

    My OPT was received on June 16, and denied on Sep 18 (my grace period has ended). I got the notice mailed to me 9 days after denial decision. The reason for the denial is "Your DSO entered your recommendation for OPT on April 19, 2014. At the time of filing your Form I-765, more than 30 days had elapsed since your DSO entered the recommendation for OPT into your SEVIS record."

    I got the I-20 for OPT on April 19, but then I realized that I did not have enough time to send my materials to USCIS. I was advised by DSO to request another I-20. My new I-20 was issued on June 2, and my materials were received by USCIS on June 16. I thought as long as they receive my materials within 30 days of my I-20 issue date, it would be ok.

    My denial notice says that I cannot appeal, but can file for a motion for reopen/reconsider. My questions are:

    Am I out of status now? After I file for MTR, should I leave the U.S. while waiting for the decision?

    How long does an MTR typically take to have a result?

    If my MTR is approved, when is the start date of my OPT (I requested July 1 to be my start date on I-765, and my grace period end date is July 17)?

    Should I pay for the $ 630 MTR fee if the school was responsible for the OPT denial?

    Thank you very much!

    Michelle

  • #2
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    • #3
      Originally posted by Michelle Cong View Post
      Hello,

      My OPT was received on June 16, and denied on Sep 18 (my grace period has ended). I got the notice mailed to me 9 days after denial decision. The reason for the denial is "Your DSO entered your recommendation for OPT on April 19, 2014. At the time of filing your Form I-765, more than 30 days had elapsed since your DSO entered the recommendation for OPT into your SEVIS record."

      I got the I-20 for OPT on April 19, but then I realized that I did not have enough time to send my materials to USCIS. I was advised by DSO to request another I-20. My new I-20 was issued on June 2, and my materials were received by USCIS on June 16. I thought as long as they receive my materials within 30 days of my I-20 issue date, it would be ok.

      My denial notice says that I cannot appeal, but can file for a motion for reopen/reconsider. My questions are:

      Am I out of status now? After I file for MTR, should I leave the U.S. while waiting for the decision?

      How long does an MTR typically take to have a result?

      If my MTR is approved, when is the start date of my OPT (I requested July 1 to be my start date on I-765, and my grace period end date is July 17)?

      Should I pay for the $ 630 MTR fee if the school was responsible for the OPT denial?

      Thank you very much!

      Michelle
      Have you spoken with the DSO? You can do MTR, but it will not be approved unless you have the support of the DSO. They should issue a letter stating that the I-20 has been issued on June 2 and you are following their instructions. If you do MTR and the OPT is approved, the OPT validity date will begin on the date of approval of the OPT. You should speak with an attorney regarding questions about status and whether or not you should leave or stay. You may visit here to speak with an experienced immigration attorney: http://www.visaprolaw.com/immigration-attorneys

      Comment


      • #4
        Thank you for your reply, Lisa! I spoke to the DSO, and she told me that she made the recommendation based on VSC's advise, so it is strange that VSC denied my OPT. But she has sent the details of my case to VSC, and VSC told her that they will review my case further. I have not got VSC's respond yet. But I don't know if I should wait longer for their respond because I only have about 10 days to prepare for the MTR files.

        But if I file an MTR, aren't the people who review the MTR the same people who denied, and are reviewing the case now? If they are the same people, even if I have the letter from my DSO and file for the MTR, would it the same process as what they are doing now (reviewing my case further)? So should I still file an MTR in my situation now? Thanks again!

        Originally posted by lisaanderson View Post
        Have you spoken with the DSO? You can do MTR, but it will not be approved unless you have the support of the DSO. They should issue a letter stating that the I-20 has been issued on June 2 and you are following their instructions. If you do MTR and the OPT is approved, the OPT validity date will begin on the date of approval of the OPT. You should speak with an attorney regarding questions about status and whether or not you should leave or stay. You may visit here to speak with an experienced immigration attorney: http://www.visaprolaw.com/immigration-attorneys

        Comment


        • #5
          Your message was posted as anonymous on Facebook wall- (Oct 2nd)

          Comment


          • #6
            File the Motion in 30 days.. You can stay as long as the case is pending again.. You should pay the fee..Dont worry about the Date.. If possible consult a lawyer to file it.. Yours is the easiest case possible to file motion and get an approval..

            Comment


            • #7
              1 if u r sevies terminated then u are out of status .. Even u file mtr it does not give u any status ..
              2 2-6 months
              3 hmm u r end date can not be more than 14 months from graduation ..
              4 u r not in a situation to fight for 600$ .. U have bigger problems to take care ..

              Comment


              • #8
                Thanks, Nishal! Your reply makes me feel better.

                Comment


                • #9
                  Thanks, Chandu. Do you know how to check if your SEVIS is terminated BTW? Also, I know I should not worry about the money now, but I just feel a bit unlucky to pay for someone else's fault.

                  Comment


                  • #10
                    my inital opt denied

                    Originally posted by lisaanderson View Post
                    Have you spoken with the DSO? You can do MTR, but it will not be approved unless you have the support of the DSO. They should issue a letter stating that the I-20 has been issued on June 2 and you are following their instructions. If you do MTR and the OPT is approved, the OPT validity date will begin on the date of approval of the OPT. You should speak with an attorney regarding questions about status and whether or not you should leave or stay. You may visit here to speak with an experienced immigration attorney: http://www.visaprolaw.com/immigration-attorneys

                    Hi Lisa Anderson i applied for opt on June 18nd ,2015 but mistakenly i forgot to include check($380) and filed opt application so i waited for 37days and re-applied my opt(i-765 form) on July 24th,2015 with the help of DSO but she forgot to make a new opt request and didn't gave me updated i-20. so application was denied due to i20 30 days rule violation.I filed an MTR(motion to re-open ) with the support of my DSO saying that "While filing second i-765 application they didn't notice that i-765 pasted 30 days so they have not given me an updated i-20 at that time and my filed my application as a result my application was denied" . so can i please know what are my chances of MTR approval.?

                    Comment


                    • #11
                      Originally posted by santu_123 View Post
                      Hi Lisa Anderson i applied for opt on June 18nd ,2015 but mistakenly i forgot to include check($380) and filed opt application so i waited for 37days and re-applied my opt(i-765 form) on July 24th,2015 with the help of DSO but she forgot to make a new opt request and didn't gave me updated i-20. so application was denied due to i20 30 days rule violation.I filed an MTR(motion to re-open ) with the support of my DSO saying that "While filing second i-765 application they didn't notice that i-765 pasted 30 days so they have not given me an updated i-20 at that time and my filed my application as a result my application was denied" . so can i please know what are my chances of MTR approval.?
                      Your question will be reviewed by our moderator and posted on our wall at http://www.facebook.com/desiopt1 within 24-72 hours please follow the post and forum.
                      *** Don't Miss Important Topics, Subscribe to our Newsletter at http://bit.ly/1da2vrz ***
                      If you feel this community is useful, please invite your friends by following below steps
                      1. Goto http://facebook.com/desiopt1
                      2. Find "Suggest DesiOPT.com to Your Friends" - Click on "See All" and Invite your friends
                      3. If you can't find the link, refer http://bit.ly/16CAYOb

                      In addition to the readers comments, You can also call attorneys for free advice. DesiOPT is collaborating with group of attorneys. You can contact them directly via email/ phone. Initial Consult is Free. Their information is listed on http://desiopt.com/ home page.
                      we are providing direct links as well, please let us know your feedback after the call
                      http://www.desiopt.com/index.php?show_emp=1213
                      http://www.desiopt.com/index.php?show_emp=3648
                      http://www.desiopt.com/index.php?show_emp=3561
                      http://www.desiopt.com/index.php?show_emp=4297

                      Thanks
                      Www.DesiOPT.com
                      Disclaimer: http://bit.ly/163AglR

                      Comment


                      • #12
                        Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...30409263643107 November 5th - Please review comments from other users

                        Comment


                        • #13
                          sorry to say this , you have very less chance for u r mtr .. best of luck

                          Comment


                          • #14
                            Originally posted by Michelle Cong View Post
                            Hello,

                            My OPT was received on June 16, and denied on Sep 18 (my grace period has ended). I got the notice mailed to me 9 days after denial decision. The reason for the denial is "Your DSO entered your recommendation for OPT on April 19, 2014. At the time of filing your Form I-765, more than 30 days had elapsed since your DSO entered the recommendation for OPT into your SEVIS record."

                            I got the I-20 for OPT on April 19, but then I realized that I did not have enough time to send my materials to USCIS. I was advised by DSO to request another I-20. My new I-20 was issued on June 2, and my materials were received by USCIS on June 16. I thought as long as they receive my materials within 30 days of my I-20 issue date, it would be ok.

                            My denial notice says that I cannot appeal, but can file for a motion for reopen/reconsider. My questions are:

                            Am I out of status now? After I file for MTR, should I leave the U.S. while waiting for the decision?

                            How long does an MTR typically take to have a result?

                            If my MTR is approved, when is the start date of my OPT (I requested July 1 to be my start date on I-765, and my grace period end date is July 17)?

                            Should I pay for the $ 630 MTR fee if the school was responsible for the OPT denial?

                            Thank you very much!

                            Michelle
                            Hi Michelle,

                            Did you file MTR? Does it work? How long it took to process your case and reply? Please reply. I am in the same boat.

                            Thanks.

                            Comment


                            • #15
                              Hey Michelle, I came across your post while I was looking up about this exact situation that my friend is going through. Can you please post here how your situation unfolded and whether your MTR came through successfully? Your assistance will help a lot of us who are going through the exact situation that you went through.

                              Comment

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