Hi, I have an issue with my OPT extension. I filed for my STEM Extension in April 2016 and received an RFE in June stating to submit the documents (I-20 requesting for 24 months’ extension) by August 13, 2016. I did my Masters in Industrial Engineering and was working in software industry. As per new rules I was told that it will be not possible for me to get extension due to different streams and differ at CIP codes. My employer A told me to apply for doing second Masters from another university which would be starting next week. But to keep my status active, I finally submitted for RFE but in the last minute, Aug 12 with incomplete application (sent old I-20 that requested for 17 month extension. Unexpectedly, my application reached there after the given due date. I received a decision letter from USCIS that my application is denied due to abandonment. But they mentioned that I can file a motion to reopen within 30 days. I am not sure about this and how it works. Would anyone please help me what to do in this situation so that I can get my STEM extension. Thanks in advance!
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MTR would let the same officer to look at your case with a new prespective with new evidence... I am not sure if that will help...generally they will take a lot of time before the adjudicate your case and If it is deneid then you will be out of status from the time filed an MTR...
If there is more info that you can add to the case which will change the decision then you are good to go..
Other thing to tink of is since you already got a opt for masters you cannot get another in the same category..
Good luck
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The success of an MTR depends on the specific facts of your case and on how strong your arguments are to convince the officer. As an immigration attorney, when I file for the MTR, I make sure that I prepare thorough arguments with factual summaries to request for a reconsideration or reopening of my clients' cases. USCIS is strict on deadlines, but if the delay was only by a few days, you may be able to argue that the delay was beyond your control (if it genuinely was). Feel free to inbox me to schedule a consultation and I can advise you further.
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