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USCIS sent a notice that says OPT denied
Your day was going pretty well. You were planning your life post-graduation, searching for jobs, maybe you were already liaisoning with someone a company that has promised you a job once your post-graduate OPT is approved. But then you went to check your mail and found that USCIS sent you a notice… Inexplicably, the notice said contained the words “OPT denied.” Maybe you panic because your F-1 status is about to run out. That notice looked something like this:
Triaging after your OPT denied notice is in hand
Once the shock wears off you need to conduct a brief but critical triage to establish what could have gone wrong with the application. The notice of opt denial will list some reasons within the body of the form, so you definitely need to digest these. But you also need to think beyond the form. Is everything that USCIS claiming correct? For example, was the I-765 filed past the due date like the USCIS says, or do you have a different version of events? Did your international student office do everything correctly in filing its forms?
The goal of this triage exercise is to establish all of the facts within the notice and all of the relevant facts outside of the notice that also need to be considered. At this point you should either move to confirm the facts you believe may not be within the notice. For example, you may want to call your international student office to find out exactly when they think they filed your application, and ask for a confirmation of that date.
You should also start to think about everyone that may be relevant to contact for your particular situation and put their names in the list.
Deciding whether to file an appeal
Filing an appeal is fairly arduous, even in the best cases. The I-290B form is best filed with a motion, so the form’s 5 page length is quite deceptive in that it makes the appeal seem easier than it is.
So you need to decide whether or not to file one as soon as you get that notice. Depending on your circumstances, the type of appeal you will have to file – appeal to remand, appeal to reopen, etc. – and the amount of work needed to file it will wary. It could take a few days, but it may well require several weeks because of the need to gather evidence and a formal appeal.
Considerations will include costs, work needs, and your immigration status. If OPT is critical to your immigration strategy, that weighs in favor of appealing. If it is just something that would be nice to have, then consider that an appeal takes up to six months to adjudicate and if you lose it, all of the time you’ve spent in country for it to get adjudicated would count against your overstay time, putting you in danger of triggering various immigration bars for future entry into the United States.
You may also be considering other immigration avenues, like marriage. In this case, you might weigh the fact that your family adjustment petition makes your need for OPT mute and so you may very well decide to not file an appeal because you’ll immigrate through the family petition.
When to talk to a professional about your OPT denied notice
In almost every case, an OPT denial is a serious enough matter to contact a professional. Help out whoever you are asking to help you by reaching out early. The more time you give a lawyer to prepare, the better the appeal she can write, and the more money you save because the lawyer does not have to charge an expedited rate to take care of the OPT denied notice for you.
Hola mi esposa tiene una negacion de OPT por error del DSO, veo que ustedes tienen experiencia en el tema. SI tienen a un abogado para este caso y que hable español. Me gustaria me contactaran.
Hi,
My OPT extension got denied stating that my application wasn’t submitted on time I.e before 02/9/2019. But I had my application received by USCIS on 01/14/2019 which was returned to me with a reason stating that the reason for applying wasn’t checked on my application and it also included instructions to resubmit. The date on which my application package was sent to me was actually the date when my Initial OPT ended.
Kindly help me out in this situation. I donot have much time left to file a motion.
I’d really appreciate your help in this regard.
Thank you
Hello,
I am also facing similar issue.
Can you please share your experience.
Thank you
Hi Syed,
My brother is going through the same issue at the moment. What happened in your case? Please reply
I am in the same situation where USCIS denied my first application for the same reason. We’re you able to file a motion to appeal?
The same thing happened to me. We’re you able to appeal and get your status? Thank you.
Hi. I have the exact issue. And I am trying to do i290b form by myself. What did you end up doing ? Thank you !
I applied for OPT, but it was rejected because I did not sign on the form. USCIS sent my application back to me to resubmit. However, the day when I got my paper back was already late for the due, a two day after the deadline. Consequently, it was impossible for me to resubmit my application on time.
With hope, I resubmit the application with my signature for the second time. Then, USCIS denied it since I have been failed to submit it on time.
What should I do now? Should I make a motion to reopen?
Please give me some advice! I truly appreciate your assistance!!
Thank you.
Your case is quite similar to mines. Did you file motion of reconsideration after? What happened or what was the answer you received after you submitted the motion request. Kindly advice me with this situation. Thanks. Email me at [email protected].
Hi sayed i have a similar case like your s.could you help me with steps you took to file mtr ?
– [email protected]
I am also in the same situation as Syed. Can someone please explain or suggest what to do?
Hey guys I apply for my opt around February 07, 2020, but just this week Friday I got letter I was denied. That if I want to reopen my case will be filling out the motion form I-290B,. But I contact the school and they say I can reply for a new opt instate of reopening it. Have you guys hear about this case or some one can help me fill out the form I-290.
Hi Gina,
I am exactly in the same situation. Could you please guide me as to what should be done after this? Please help me out.
I have similar situation please share with me what did you do
[email protected]
please contact me what to do i have similar situation
[email protected]
My Opt was denied because I didn’t add my OPT I20. has anyone experienced this before and what advice do you have for me please
Hi can you tell me what did you do?