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STEM OPT Extension Denied Without Solicitation of RFE from USCIS

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  • STEM OPT Extension Denied Without Solicitation of RFE from USCIS

    My STEM OPT Extension got denied from USCIS stating that I didn't provide 24 month I-20 form as per New Rule instead provided 17-month I-20 .
    Timeline of series of Events:
    -->May 3rd University Printed 17 month I-20 for STEM OPT extension application.
    -->May 7th I have signed the I-20 and sent out all the application materials to university
    -->May 10th New Regulation Came into effect with 24 months extension (But My DSO couldn't able to print 24 month Form I-20 till May 13th)
    -->May 17th University sent Application package to USCIS(Potomac Center,VA) on my behalf(Since My univ handles these procedures for any International Student)
    -->May 20th USCIS received my Application for STEM OPT Extension.
    -->May 25th I have asked my DSO to print 24 month I-20 form ..I was ready to submit my I-983 as per the new regulation but DSO asked me to wait till RFE from USCIS
    -->July 8th OPT Term 1 has been completed...I was anxiously waiting for RFE from USCIS but the following happened :
    -->Aug 12th USCIS Printed Denial Letter and mailed it to my University.
    -->Aug 17th My university received Denial letter and informed me about the situation.The only option provided by USCIS is to file Motion To Reopen (Form I-290B Cost for filing this form 630$) within 33 days if the letter has been sent through a Mail.

    Without asking for RFE with updated 24 months Form I-20 USCIS has denied my application.

    I have submitted my I-983 form on Aug 19th but DSO cannot print my 24 month I-20 form since SEVIS is "Completed"(Which indicates my purpose of Stay to complete Masters Program and Attain Practical Training has been completed) although i am eligible for 24 month OPT extension also a grace period of 60 days to keep SEVIS in active mode after my OPT term 1 end date.

    My DSO trying hard to reach out to Potomac Center,VA through a email Id which isn't made public on its website and Potomac center is the only USCIS center currently processing OPT Applications. DSO has received an Automated email stating it will take atleast 5 Business Days for the Reply from USCIS then after completion of 5 Business Days another automated Email stating it has been forwarded to concerned authority and wait for 72 hours for the reply.

    All the persons whom i came to know after Denial of OPT extension with similar cases , irrespective of their application date everyone got denial letter printed on same DATE which is August 12th from USCIS.

    The Funny and craziest thing is USCIS has given a RFE Decision on similar application which was submitted along with my application on similar date with 17 month Form I-20 for which USCIS has received it on similar date to my case.

    I don't understand whom to blamed ..Myself for not waiting for few more days to print updated I-20 or DSO who didn't wish to print 24 month I-20 till they receive RFE from USCIS on May 25th or USCIS which denied I-765 application without asking for RFE with Updated 24 month I-20.

  • #2
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    • #3
      Hi Pratap,

      i am in the exact same situation, please let me know how to proceed. Any help will be greatly appreciated.

      thanks,
      Sirisha

      Comment


      • #4
        Originally posted by sirisha p View Post
        Hi Pratap,

        i am in the exact same situation, please let me know how to proceed. Any help will be greatly appreciated.

        thanks,
        Sirisha
        My DSO is working on my Profile with USCIS Simultaneously i have reached out to Local congressman and explained my scenario where they've reviewed and filed a Congressional Inquiry with all supporting Documents (University Provided me a Letter explaining my Situation of unfair decision from USCIS without RFE) for which they've received an Automated email from Potomac Center,VA which expressed the issue will be addressed with in 5 business days from USCIS.

        Hope the following might Help for all the persons who're in our same situation.

        Note: "Google Local congressman in your current resident area pick any one who has official website to address our concerns regarding Minority affairs" . Write a brief by explaining about the scenario , they will review our case and call back with in 2-3 business days to ask all the required details. They can just address our concerns to USCIS and expedite the issue and get an proper reply from them but they cannot advocate on behalf of us.

        Comment


        • #5
          Hey Guyz

          There has been a lot of cases where USCIS is rejecting 17 month OPT STEM Application, if it is received After May 10.

          Let me put few this in Plain English.
          As per the new rule on April 7, USCIS no longer process 17 Month OPT Application if it is received after May 10. Any request for 17 Month OPT stem Ext will be denied upfront and only pending applications received before May 10 will be issued an RFE !
          So, If you totally ignored the USCIS new verdict or your Application Package for 17 month OPT was delayed in Transit. Your are completely responsible and accountable for Your Denial ! Sometimes there are no second chances in life, As you put yourself in trouble, it's your responsibility to get yourself out of here ~

          My Case

          Applied for 17 Months STEM OPT on MAY 7,
          Application Received by USCIS on May 13,
          Withdrew 17 Month OPT Application on May 18,
          Sent 24 Month OPT Application May 23.
          24MonthApplication received May 28.
          24 Months EAD Approved August 12.

          Two Cents-
          With draw your 17 Month Application if Receive Date > May 10 & Apply for 24 Month.

          For those who have been denied MTR could be a lifeline. Take your Chances, Good Luck to All !

          Comment


          • #6
            Hi Nikhil , I do agree with your views about second chances and taking responsibility but due to change in regulation there is huge uncertainty of understanding it exactly.Some will be lucky to cross the line and few may not(Myself and other applicants in this scenario)

            "The Funny and craziest thing is USCIS has given a RFE Decision on similar application which was submitted along with my application on similar date with 17 month Form I-20 for which USCIS has received it on similar date to my case"

            Current Update of my Friend Application : His STEM OPT extension got approved without submitting his updated 24 month I-20. I think USCIS didn't even reviewed his Documentation in which he amended his employer and USCIS thought it was the response to RFE and without looking at the Documentation they've approved his I-765 application.

            Comment


            • #7
              Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...40682255949139 30th Aug - Please review comments from other users

              Comment


              • #8
                Same thing happened with me. But I am not going for Mtr . I took admission in another course before expire my grace period. My sevis was showing completed , then I called sevis about my grace period, now it's showing active again. DSO's are sucks , most of even know why sevis showing completed.

                Comment


                • #9
                  Hi Even I am in the same situation. My OPT Extension got denied for USCIS receiving my 17 months OPT Application on May-13th. But In my scenario neither me or my DSO was unaware of this rule. She is keep on telling me that I will receive an RFE. But instead I have received a denial from USCIS on August 20.

                  But I have decided to take a new initial admission from the new school instead of going for an MTR because I have seen many cases in-front of me which took more than 6 months just to reopen the case.

                  Since my SEVIS was already completed I just left with only one option to cross the border and reenter to activate my SEVIS as a new initial student.

                  I am requesting you to give some advice on my decision.

                  Any help is really appreciated.

                  Comment


                  • #10
                    Hi Madhu,

                    You can do reinstatement instead of crossing the border. Contact your DSO at new school and discuss about it.

                    Comment


                    • #11
                      If your sevis grace period is not expired, you should tell your DSO for make sevis completed to active. Samething I did, I called sevis, avoided crossing border line.

                      Comment


                      • #12
                        Hi Mohsin, can you please share the process to Activate Sevis.

                        Comment


                        • #13
                          Same thing with me guys! My 24 month stem extension has been denied by USCIS and I wonder how can they even reject the application without an RFE. Still yet to receive the denial letter and USCIS says it was sent out to my address already. I spoke with my DSO and he made sure that I sent the application on time which I did. The weird part is I still do not have a receipt number. I spoke to USCIS officials every week to find out the same and they said they said my information doesn't show up on the system which might be because they still didn't pull up the application and that is the reason I didn't get my receipt number. Today, I called them up again hoping that I would hear something positive from them but to my shock the officer said that my application has been denied and a denial letter has been sent to my address. Exactly after a week they sent the denial letter my first OPT expired. Now, I don't have any clue but to wait for the denial letter.

                          Comment


                          • #14
                            --Same thing with me guys! My 24 month stem extension has been denied by USCIS and I wonder how can they even reject the application without an RFE. Still yet to receive the denial letter and USCIS says it was sent out to my address already. I spoke with my DSO and he made sure that I sent the application on time which I did. The weird part is I still do not have a receipt number. I spoke to USCIS officials every week to find out the same and they said they said my information doesn't show up on the system which might be because they still didn't pull up the application and that is the reason I didn't get my receipt number. Today, I called them up again hoping that I would hear something positive from them but to my shock the officer said that my application has been denied and a denial letter has been sent to my address. Exactly after a week they sent the denial letter my first OPT expired. Now, I don't have any clue but to wait for the denial letter.

                            Comment


                            • #15
                              Any update on your case?

                              I am dealing with the same and just came across this forum.

                              Did you or anyone who posed here go for Motion MTR?

                              Is there a way to get SEVIS active if DSO is saying they can't as USCIS has denied OPT extension and SEVIS is marked completed?

                              Comment

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