OPT Rejected | Missing papers | URGENT

[mastersam]

I have applied for STEM OPT for which application to USCIS was received on Dec 21st, 2018. I have received a rejection notice(along with Entire application packet) on Dec 26th, 2018 because of missing application pages(last three pages of I-765 were missing). But I couldn't check my mail until Jan 14th, 2019 and My initial OPT is expiring on Jan 14, 2019. I was asked to resend the application by adding those missing pages. Now, I am confused about the following aspects of re-submission. 

 

1. Do I need to refill the  I-797 application and send you that with all modified dates? Or Can I just include those missing pages from the initial application?

2. From what I understand, usually, I need to send application with an i-20 which was issued specially for I-797 and not older than 60 days. Now that I got a rejection, my i-20 previously submitted is older than 60 days. Should I get a new i-20 for re-submission now? Or use the same I-20 I sent initially?

3. I am not sure if the money order is cashed or not. Should I use the same money order or send a new one?

4. Also, now I am applying after the OPT is expired, Will I get a rejection automatically?

 

[ScienceGirl]

Question, was your I-765 signed? The page with your signature was included in the original application?

To answer your questions:

1. Answered in my suggestions below. 

2. Get a new I-20 to be safe. The rejection may cancel the I-20 validity and I think the time frame is actually 30 days now. 

3. The money order should not have been cashed if the application is rejected. It should be in the rejection package. Do NOT get a new one, just resend that one. 

4. You will not get a rejection. If your application is now complete when you resubmit, it will get accepted, the money order will be cashed, and it will be sent to processing. However, the final decision on whether your extension is approved or denied for being late will be completely in the hands of the immigration officer who adjudicates your case.

 

Ok, here's what I can suggest:

1. You need to follow the exact instructions on your rejection package. Fill out a new I-765 form, make sure it is signed and all pages are included, the information is correct, and it's signed. On the old I-765, write "OLD I-765" across the top of each one. Reassemble all of the documents from your rejection package, and send it with both the original rejected application form and the new one. 

2. This is IMPORTANT. Write a letter explaining in detail (don't make the letter too lengthy though) what happened. Make sure to indicate the exact problem, and point out that you are resubmitting all the original forms, your I-765 form was signed, and your fees were correct. If you can also get a letter from your DSO it could help.

3. Resubmit the package with the green sheet on top (follow directions), followed by the letters, then the rest of your documents. 

 

Here's how the processing works: 

Lockbox looks at your application to make sure it's complete. If it is, they send it to processing. The green sheet for resubmission is for the lockbox facility. When your application goes to the processing center, the adjudicating officer has no idea of any of the details of your case unless you tell him. This is why I stressed the importance of the letters. The lockbox sends everything you send them to processing in your file. This means that the immigration officer will then have your explanation for why the application is late.

This is what i suggest, but there's no guarantee. It will be up to whether the adjudicating officer thinks that your package is good, and your situation surrounding the rejection and late resubmission are acceptable. 

I hope this helps. I just dealt with a related issue myself, so this is from experience.