OPT STEM EXTN DENIED

[Aj92]

This is about my friend who’s OPT Extension got denied due to late submission.

My friend’s OPT had expired on Jan 24th, 2017. As the process of filing OPT-Extension he had filed it on December 22, 2016, since there were Christmas holidays, the packet had reached on Dec 29th, 2016. 

Around the same time, there was a change of application fees (from $380 to $410) after December 23, 2016. Since, his packet would be reaching only after December 23, 2016 he had made a cheque of $410 on Dec 22, 2016 and scheduled for USPS delivery.

The packet had reached on December 29, 2016, as per USPS delivery, but there was no response from the USCIS about the receipt number. He tried to reach USCIS regarding this case many times and they asked him to wait. On January 17, 2017, he called USCIS again and they informed him that his packet had been sent back due to incorrect fees (the cheque was dated on Dec 22,2016 with $410 but the fees is still $380 on Dec 22, 2016) and would be receiving it shortly. He had received the packet on January 30th, 2017 and it also had a paper which they wanted him to be included along with the other documents. He had made a new cheque of $410 along with the documents in the packet and sent it to USCIS with overnight shipping.

On January 31, 2017 USCIS had received the packet and they had sent the receipt number as well. After checking the status in USCIS website repeatedly, on April 12, 2017 the status had changed to denied. He had called USCIS immediately and the officer had informed that the packet had been rejected due to late submission and would be receiving the denial notice shortly.

Apart from joining in a university and converting into F1 status what other options he has now? Can he go for motion of reopen or reconsider his case?

[Clayman]

let me tell you my story. My wife's H4 extension was rejected due to late submission. We didnt' forget to submit the extension, we didn't submit it because I was told by her lawyer not to file OPT extension along with H1 (he company had applied for fresh H1 in 2015 which was selected in lottery). 

Our understanding was the she was on CAP GAP and was able to apply for Stem extension even after her initial OPT expiration date. However USIS outrightly rejected her application citing late submission.

I immediately applied for Motion to reconsider and told them the facts that were in USCIS.gov regarding ability to apply extension even after initial opt is expired but the person is under cap gap. I spoke to atleast 2 different immigration lawyers and both suggested me not to file motion to reconsider since i didn't stand a chance, but I still did the case was approved in 2 more months.

 

 

[Aj92]

Thanks for the reply Clayman. Thats awesome that motion to reopen worked for your wife. 

Things are becoming worse in my friend’s case. So he had three options 

1. File for Motion to reopen - contacted an attorney and the paperwork is in progress. The attorney said he would be filing by April end.
2. Apply for a university - He has got an admit from a CPT university and the classes begin from May 5, 2017. Need to transfer his SEVIS in 60 days of denial from DSO.
3. Wait for his H1 to be picked - He has checked with the DSO and they mentioned that his SEVIS is already completed and cannot check for H1 lottery status. The only way he can know whether it is picked in the lottery by knowing from his employer is when the money is deducted, but is there chance of not even considering his case even when it is picked as his SEVIS is completed?

He had received the OPT denial notice on April 7 2016 and can stay only 60 days from the day he receives his denial notice. DSO informed him he can transfer his SEVIS to the new university before this 60 days time frame, but may not be able to come back to them if the Motion to reopen is considered/ approved. DSO asked to check with an attorney and was not sure whether he can file motion to reopen if he wants to opt for the CPT university to maintain his status until he hears back from the USCIS to get his OPT EXTENSION / H1B being approved. 

He initially decided to file the motion to reopen for the OPT extension by the April end and join the CPT university to maintain his status as we are not sure whether USCIS would consider the motion to reopen and it is said that USCIS takes 3-6 months to decide on motion to reopen.

But now if he transfers to the CPT University, will his motion to reopen still be valid as he is will no longer associated with the DSO with which he had filed his OPT extension?

He hardly has time to decide what to do . May be need to choose between joining in a university or filing motion to reopen. As he had filed his H1B and if it is picked, will there be any chance of H1B being approved?

If anyone has come across this type of scenario please do share.

Thanks in advance.

 

[Naomi]

Hi! I am in a similar situation and I wanted to know if your friend's MTR got approved? Please respond.