F1 OPT denied - 30 day limit, First filed within 4 days, HELP!

[EKOB]

I graduated from a masters program September 10th, 2018 and applied for an F-1 OPT July 19th, 2018 together with my DSO (Designated School Official). My I-20 was signed on the same date. 4 days later, July 23, 2018, my case was received by USCIS. 

On August 20, 2018, I received my first letter from USCIS - a rejection notice including my receipt number. The official date on the notice was August 06, 2018. The reason for rejection was incorrect fees (although correct @410 USD. I have a copy of the check) and the box stating the reason for applying was not completed (correct). I also noticed they had my name misspelled although I provided them with my correct name written clearly on the I-765 form + passport + my latest I-94 + I-20 + my F-1 visa which all states my name correctly. 

I immediately met with my DSO and made sure all documents were corrected, placed the green slip stating "When you resubmit your application, please enclose this letter with your re-submission. Place this letter on top of your application package" on top of the package. We triple checked everything to make sure it was properly filed this time (at least to my knowledge). I assumed they would get my name correct this time. It was sent back with priority overnight shipping August 22, 2018. The case was filed with the USCIS August 24, 2018

8 days later (August 30, 2018) I received an email confirmation stating that my case was received. I was given a new receipt number but believed everything was fine and was told to wait. I later realized my name was still misspelled and called USCIS and corrected the error. 

I graduated September 10th, 2018 and started looking for employment. I was successful, but I could not start before I received my EAD OPT card. My international friends that filed around the same date as myself all started receiving their cards around the end of October, so I assumed mine would be right around the corner. It was not. I called USCIS weekly and was told it was still within normal processing times (2-5 months).  I requested an expedite filed under "financial difficulties(?)" around December 4, 2018, in hope for the case to be processed faster. This is 146 days after my initial application was sent out. I called to confirm the expedite request, but the case was already with an officer which was great news! 

On December 14, 2018, I received a notification that my case had been denied. I tried calling USCIS (also speaking to a secondary officer) but they were unable to provide any information. I had to wait for the physical letter. 20 December 2018 I finally received the letter stating the following: (See attached)

The instructions for the Form I-765 state, in pertinent part:

F-1 Student seeking Optional Practical Training in an Occupational Directly Related to Studeies - (c)(3)(i). File your EAD application with a Certificate of Eligibility of Nonimmigrant (F-1) Student Status (Form I-20AB) endorsed by a Designated School Official within the past 30 days.

Title 8 Code of Federal Regulations, Part 214.2(d)(11)(i)(B)(2) states:

For the post-completion Optional Practical Training (OPT), the student must properly file his or hers Form I-765 up to 90 days prior to his or her program end-date and no later than 60 days after his or her program date. The student must also file the Form I-765 with USCIS within 30 days of the date the DSO enters the recommendation for OPT into his or her SEVIS record.

I did everything I possibly could in order for this process to go smoothly, but here I am. What are my best options in order to have this case reopened and successfully approved? I believe I did everything I possibly could to my best knowledge, but I have come to the conclusion that I need help from a lawyer that has experience with cases like this or from anyone that has been or heard of a similar situation. Please help!    

 

 

[Suraj m]

What did you do after that ? 

[Santosh1995]

Hey I'm in the same situation. Can anybody help. What did you do after that

[Gautham25]

I think I am in the same situation. My OPT got denied Friday and I am waiting for the denial letter from USCIS. Please some one help me. I have a hugh loan to pay and they will take away the house that my parents are living in back home if I am unable to pay. Please I am begging for someone to help me with the OPT

[xTDx]

On 9/22/2019 at 9:18 AM, Gautham25 said:

I think I am in the same situation. My OPT got denied Friday and I am waiting for the denial letter from USCIS. Please some one help me. I have a hugh loan to pay and they will take away the house that my parents are living in back home if I am unable to pay. Please I am begging for someone to help me with the OPT

It is of paramount importance that for critical issues like this, you hire and start working with professional attorneys who can guide you and help you to fix the fixable issues and to find any alternative strategies for the issues that are not fixable. 

 

[Aneeapril]

My student advisor asked me to apply for f1 reinstatement by getting enrolled into new masters program ... what did you do.. is your case resolved??