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OPT 30-day rule

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  • OPT 30-day rule

    Hi everyone, I just realized that my OPT application reached USCIS after 30 days since DSO issued my I-20, and was wondering what my options are. In summary:

    Sep 23: I-20 issued
    I mailed it to USICS right after, they received it in early Oct but then rejected and returned the whole application back to me in mid-Oct because they rejected my fee waiver request.
    Oct 19: I mailed the whole package the second time, with the check, to USCIS
    Oct 24: USCIS received my application. Check was cashed, and I received a notice of action. Since then, my application has been under review.

    I realized that the date that I mailed the package doesn't matter, USCIS only relies on the receipt date. In this case, they received my application after 30 days since my I-20 had been issued. I called DSO and they said there's nothing they could do. I have to wait and see what happens. They said that USCIS would return my application right away if they noticed this mistake and I'll probably be alright- however, after lots of research, I don't think this is the case.

    Would be great if anyone could give me some advice. Really appreciate it. Thank you.

  • #2
    Your question will be reviewed by our moderator and posted on Facebook wall at within 24-72 hours.

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    • #3
      Your message was posted anonymously on our Facebook wall at 20th Dec - Please review comments from other users


      • #4
        You may file up to 90 days prior to your program end-date and not later than 60 days after your program end date, if it is not 60 days after program end date with draw the application and send new packet .if it is after 60 days try day 1 cpt university and start working and studying again


        • #5
          any specific reason for why u applied fee waiver request .?


          • #6
            If it's after 30 days of your i20 issue date they receive it , it's likely that they deny your application. If you have not crossed 90 days yet since you graduated better if you get a new i20 from DSO dated new and apply for OPT again. Since it's under 90 day they would consider your application. Waiting for this might waste more of your days and later you will no other option of getting OPT


            • #7
              Best case is they will issue a RFE, worst case is they will deny it.


              • #8
                Once your I-20 is issued; within 30 days it must be received by USCIS which includes the date where the check is cashed (receipt no.) else it gets rejected.