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  • OPT denied please help

    I was having issues with my thesis (completed coursework and 2 years at XYZ University) and wanted to get done with my masters asap. I transferred from XYZ (MS in CS) to Stratford University (MS in IS), completed my coursework here in 3 quarter (one academic year), as I got 5 courses transferred from XYZ out of 7 which I took at XYZ. I graduated on 15 march 2015. I applied for OPT on 29th December 2014. I was working on CPT for last two quarters ( 15th october 2014 to 15th march 2015). I got an OPT RFE on 23rd March 2015 requesting for documents like:
    transcripts, receipts of tuition fees, Receipt of books and parking, student ID, course syllabi,
    CPT letter from employer describing roles, evidence that CPT was integral (essential ) part of degree program, together with cooperative agreement with ***** university, If you started your CPT before completing one academic year, evidence for immediate participation is required.
    So I replied to USCIS the evidence on 1st April 2015.
    On 2nd June 2015, I received the OPT denial stating that the letter I provided in OPT RFE states that "CPT is a series of three one credit Co-operative education courses in Information System program which is an integral part of the curriculum and is highly recommended that students participates in this program because their options to find job in OPT goes up dramatically". [COLOR="#FF0000"]Although the statement indicates that CPT is an integral and highly recommended, it doesn't appear t be integral part of established curriculum. [/COLOR]

    [COLOR="#FF0000"]A review of course catalog says that a student must have 54 credits to graduate, you have earned 56 credits, two of which are from CPT courses. Your CPT employment is not integral part of established curriculum of your major because you have enough credits to graduate without those two CPT courses. Furthermore the catalog indicates that theses co-op educational courses are optional; therefore, not integral to your program.
    You have not submitted sufficient evidence that your cpt employment as an integral part of established curriculum of you major. Therefore, your i-765 is denied.
    This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing I-290B. It must be filed within 33 days of the notice.[/COLOR]

    Questions:
    1) I am for sure going to take motion to reopen or reconsider the case ? Not sure which is suitable and a better option? (Suggestions) is this a normal thing ?
    2) What other options are there for me to be in states ? can I take a transfer to new school or I need to reapply now ?
    3) What are my chances of getting approved if i reopen or reconsider ? Anyone has faced the same problem ?

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on June 9th - Please review comments from other users.

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      • #4
        Originally posted by ss89 View Post
        I was having issues with my thesis (completed coursework and 2 years at XYZ University) and wanted to get done with my masters asap. I transferred from XYZ (MS in CS) to Stratford University (MS in IS), completed my coursework here in 3 quarter (one academic year), as I got 5 courses transferred from XYZ out of 7 which I took at XYZ. I graduated on 15 march 2015. I applied for OPT on 29th December 2014. I was working on CPT for last two quarters ( 15th october 2014 to 15th march 2015). I got an OPT RFE on 23rd March 2015 requesting for documents like:
        transcripts, receipts of tuition fees, Receipt of books and parking, student ID, course syllabi,
        CPT letter from employer describing roles, evidence that CPT was integral (essential ) part of degree program, together with cooperative agreement with ***** university, If you started your CPT before completing one academic year, evidence for immediate participation is required.
        So I replied to USCIS the evidence on 1st April 2015.
        On 2nd June 2015, I received the OPT denial stating that the letter I provided in OPT RFE states that "CPT is a series of three one credit Co-operative education courses in Information System program which is an integral part of the curriculum and is highly recommended that students participates in this program because their options to find job in OPT goes up dramatically". [COLOR="#FF0000"]Although the statement indicates that CPT is an integral and highly recommended, it doesn't appear t be integral part of established curriculum. [/COLOR]

        [COLOR="#FF0000"]A review of course catalog says that a student must have 54 credits to graduate, you have earned 56 credits, two of which are from CPT courses. Your CPT employment is not integral part of established curriculum of your major because you have enough credits to graduate without those two CPT courses. Furthermore the catalog indicates that theses co-op educational courses are optional; therefore, not integral to your program.
        You have not submitted sufficient evidence that your cpt employment as an integral part of established curriculum of you major. Therefore, your i-765 is denied.
        This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing I-290B. It must be filed within 33 days of the notice.[/COLOR]

        Questions:
        1) I am for sure going to take motion to reopen or reconsider the case ? Not sure which is suitable and a better option? (Suggestions) is this a normal thing ?
        2) What other options are there for me to be in states ? can I take a transfer to new school or I need to reapply now ?
        3) What are my chances of getting approved if i reopen or reconsider ? Anyone has faced the same problem ?
        If you are going to try Motion, you may want to talk to a lawyer first. There are distinct differences between Reopening and Reconsidering (it’s explained on the form). Also, FYI, USCIS is becoming increasingly critical of those who do CPT when the work is actually not “required” to graduate.

        Comment


        • #5
          Seek legal advice

          Comment


          • #6
            What does the school say? Can it provide any additional docs to fight this? If yes go fr an MTR , this is the first n best option.
            if not u ll have to transfer out and do a bordercross if ur sevis is completed. But if u r still in the grace period just transfer out to a different school.

            Comment


            • #7
              hire a lawyer and apply an MTR

              Comment


              • #8
                Hey I am in a similar situation with the same university. It will be great if you could advice. I just got an RFE. [email protected]. Pls drop an email. Thanks.

                Comment


                • #9
                  My Opt Denied For the following reason can any one help me and


                  The record shows that you entered the United States on April 28, 2015, in an F-1 nonimmigrant status to pursue a full course study at Northwestern Polytechnic University. The record also shows that you registered for classes at Northwestern Polytechnic University on May 04, 2015.
                  On April 28, 2015, your student transfer was initiated by Northwestern Polytechnic University for your attendance at Stratford University and subsequently released, deactivating your attendance
                  at Northwestern Polytechnic University. Therefore, it does not appear that you pursued a full course of study at Northwestern Polytechnic University. Additionally, your signature on the Form 1-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, under "Student Attestation" certifies that as an F-1, you intended to pursue a full program of study at the school named on the Form 1-20.
                  An F-1 student must have been pursuing a full course of study at the school he or she was last authorized to attend before the student is eligible for school transfer.
                  As you did not pursue a full course of study at Northwestern Polytechnic University, you failed to maintain your F-1 student status and were not eligible to transfer to a new Service approved school.
                  Therefore, your application for employment authorization is denied.
                  This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statute, regulation, and/or precedent decision.
                  The motion must be filed within 33 days from the date of this notice. You must send your completed Form 1-290B and supporting documentation with the appropriate filing fee to:

                  Comment


                  • #10
                    Your question will be reviewed by our moderator and posted on Facebook wall at http://www.facebook.com/desiopt1 within 24-72 hours.

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                    INVITE FRIENDS: Feel this community useful, then invite your friends by following below steps

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                    Comment


                    • #11
                      Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...58920724125293 18th May - Please review comments from other users

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