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I-765 Denied due to violation of 30 day deadline

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  • I-765 Denied due to violation of 30 day deadline

    Hi all,

    My I-765 application was sent back on the 30th day because I had put the wrong date on the check. It contained a blue letter that said to rectify the mistake and send it back. I attached a new check and the blue letter on top of all the documents as suggested and sent it the next day. The application got denied because USCIS received my application after the 30 day deadline. Now it has been more than 60 days since my graduation so I can't reapply. I'm planning to file a MTR but how do you think my chances are in getting the decision overturned?

    Case Timeline:

    04/04/16 - DSO entered recommended OPT date
    04/07/16 - I sent the application to USCIS
    05/04/16 - USCIS sent my application back stating the date in the check is wrong
    05/06/16 - I sent back the application with the correct check and the blue letter
    05/12/16 - USCIS received my application and started processing it
    05/14/16 - Graduation
    07/29/16 - Application got denied
    08/04/16 - Received denial letter in mail


  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at 10th Aug - Please review comments from other users


      • #4
        I am in the same situation. Please let me know what you are planning to do


        • #5
          Sorry to hear you are in this situation. If i were you would definitely file a MTR since your application was (initially) submitted 04/07/16. Not sure what the wait times are when you do MTR, last i remember from a close friend who did MTR had a wait time of 18 months but his case was approved within 7 months


          • #6
            Hi I had same situation as you. MTR wouldn't help much. Join a college with first day CPT and reinstate your status (It may took 4-6 months) or travel and re-entry. If you travel and re-enter then you would not be eligible for OPT of second Masters.


            • #7
              Thank you for your response nkravi. Joining a new program is not an option for me as it would cost too much. I will file an MTR as need to try everything.


              • #8
                @sdave you can try MTR the chances are very slim. You can also apply for MTR after joining new school also.
                Talk to your DSO and also hire a lawyer for your case.


                • #9
                  Hey Sdave,
                  did your application get denied the first time or did they just send you a RFE?

                  Here is my story:
                  I applied for OPT and 2 months later got a RFE- as it turns out, my DSO forgot to include a copy of my passport page in my application package. I am extremely worried as I am not entirely sure whether I should be reissuing a new I-20 (in order to make sure I don't pass the 30 day window of filing), or whether I should just send the passport copy that they asked for. I heard about many people forgetting to sign I-20 or I-765 and having to get reendorsed and refile the entire application. Please advise, this is keeping me up at night.

                  best of luck to you


                  • #10
                    Did you get a initial RFE? or a denial?