Frist OPT denied, second OPT received by USCIS after deadline.

[sammykk]

Hi everyone,

I just finished my graduate program in May, with the official end of program date being May 23nd, and my 60 days grace period ends on July 22st.

Filed my first OPT application in late April, when I checked on July 20th it shows my I-765 was denied, and I still haven't received the letter from USCIS so I don't know the reason for denial yet.

Went to my school and checked with the international student office people and was advised that I should file another OPT application. (They said the chance of a successful MTR appeal is very slim) Sent out the material on the 21st, it went to the USCIS PO box on the 22nd, and showed up in the USCIS system as 'Received by the USCIS on July 23rd'

I understand that any OPT application should be received by the USCIS within 60 days of the program completion date, and in my case it was not received until the 61th day.

With my 1st application denied, and 2nd application not received until after the deadline, what should I do? How strictly do the USCIS enforce the 60 days rule?

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on July - 28th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

talk to your DSO. They will contact USCIS

[DesiOPT-FaceBook-Fan]

why was your opt denied? The 60 day rule is for i-765 application filed for the first time. When you file an MTR, it should not matter.

[lisaanderson]

Hi everyone,

I just finished my graduate program in May, with the official end of program date being May 23nd, and my 60 days grace period ends on July 22st.

Filed my first OPT application in late April, when I checked on July 20th it shows my I-765 was denied, and I still haven't received the letter from USCIS so I don't know the reason for denial yet.

Went to my school and checked with the international student office people and was advised that I should file another OPT application. (They said the chance of a successful MTR appeal is very slim) Sent out the material on the 21st, it went to the USCIS PO box on the 22nd, and showed up in the USCIS system as 'Received by the USCIS on July 23rd'

I understand that any OPT application should be received by the USCIS within 60 days of the program completion date, and in my case it was not received until the 61th day.

With my 1st application denied, and 2nd application not received until after the deadline, what should I do? How strictly do the USCIS enforce the 60 days rule?

The 60-day rule is strictly enforced. If they try to deny the 2nd application, you can try to argue that the mail reached USCIS on the 60th day (with the postmark or proof of delivery). Also, I hope you got a new I-20 when re-applying. If you re-used the old I-20 with the old signature from your advisor, the application will be denied. The I-20 must be signed within 30 days of application.

[sammykk]

The 60-day rule is strictly enforced. If they try to deny the 2nd application, you can try to argue that the mail reached USCIS on the 60th day (with the postmark or proof of delivery). Also, I hope you got a new I-20 when re-applying. If you re-used the old I-20 with the old signature from your advisor, the application will be denied. The I-20 must be signed within 30 days of application.

I just checked and I think I made a very big mistake......

The 2nd OPT material was sent to the Phoenix Lockbox but I just learned that they have two different addresses, one is for regular mail (PO Box) and one is for Express Mail and Courier Deliveries, which is an actual address...Since I express mailed the application, I should have sent it to the actual address but I was in a rush and sent it to the PO Box, which caused the delay....

This whole mess really hit me hard and I'm just hoping for the best outcome now....