OPT extension denied for using 17-month I-20

[heqy]

Hi all,

I have just reviewed some posts here and found the same situation on myself.

My 12-month OPT expires on Jun 1st this year so I asked my university do I need to wait till May 10 to get my new 24-month I20, or can I apply for that extension with a 17-month I20. They said yes and stating that I would get an RFE from USCIS to let me submit my I983 and new 24-month I20. So I obtained my 17-month I20 a couple of days before May 10, and mailed my package to USCIS which they received the case on May 18.

However on Sept 9th I received a denial letter from USCIS saying that I cannot use 17-month I20 to apply for the 24-month extension, and there is only 30 days to submit a MTR. The mail was sent on Aug 31 and I'm not sure when is the 30/33 days start counting.

I have just sent an email to my local congressman clarifying my case and saying that I need help to address to USCIS about the incorrect information from my university (which they promised I will definitely get an RFE) and the seemingly incorrect decision from USCIS due to their transition of policy. And I will contact my school for a new 24-month I20 as well as a statement for my case. Simultaneously I have reached out to a local immigration lawyer to let them prepare my case and paperwork, hopefully this would work.

If anybody have a similar case please share your data point here and let's work together to go through this unlucky situation. Also I will update any progress for my case.

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[Kumar123]

I have the similar situation

[axj00542]

Same situation, I have filed MTR.

[lakespriya]

Hi, I am going through the same situation. My DSO is trying to to contact the USCIS to explain the situation.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...55979167752781 13th Sept - Please review comments from other users

[nrshivalingu]

I have very similar situation.could u pls share

[lisaanderson]

Hi all,

I have just reviewed some posts here and found the same situation on myself.

My 12-month OPT expires on Jun 1st this year so I asked my university do I need to wait till May 10 to get my new 24-month I20, or can I apply for that extension with a 17-month I20. They said yes and stating that I would get an RFE from USCIS to let me submit my I983 and new 24-month I20. So I obtained my 17-month I20 a couple of days before May 10, and mailed my package to USCIS which they received the case on May 18.

However on Sept 9th I received a denial letter from USCIS saying that I cannot use 17-month I20 to apply for the 24-month extension, and there is only 30 days to submit a MTR. The mail was sent on Aug 31 and I'm not sure when is the 30/33 days start counting.

I have just sent an email to my local congressman clarifying my case and saying that I need help to address to USCIS about the incorrect information from my university (which they promised I will definitely get an RFE) and the seemingly incorrect decision from USCIS due to their transition of policy. And I will contact my school for a new 24-month I20 as well as a statement for my case. Simultaneously I have reached out to a local immigration lawyer to let them prepare my case and paperwork, hopefully this would work.

If anybody have a similar case please share your data point here and let's work together to go through this unlucky situation. Also I will update any progress for my case.

The first big mistake you did was sending your application by a method other than overnight mail. Then this issue would not be presenting itself. If you had mailed your package and it had reached USCIS on May 9, or even 10th maybe, you would’ve been fine.

You are going to have to file an MTR explaining the situation along with a letter from the school confirming that you were following their advice.

Congressman cannot help you as this is a procedural issue. If you need help, contact an immigration attorney.

[DesiOPT-FaceBook-Fan]

I created a whats up group who filed mtr ping me u r no so that i can add u r no

[DesiOPT-FaceBook-Fan]

I am an immigration attorney currently helping several students whose OPT was denied. You should look into filing a well prepared MTR application. This would include a personal affidavit, forms, and other documents depending on your situation. Talk to an attorney to see if an MTR is worth it to begin with.