OPT Denied while travelling. DSO recommends to reapply

[HARINGUPTA]

I am an International Student with an F1 Visa Status. My graduation date is June 14, 2012. I applied for Post Completion OPT on April 20th, 2012. I travelled to India on July 4th, 2012 while my OPT was pending. On July 24th i received the decision from USCIS for a denial. Because my DSO miscounted the days entered August 14th as my start date on my I-20 for OPT. Which violate the 60 day Rule, as July has 31 days. I am currently in India and my DSO has advised me to reapply before the 60day grace period which ends on 13th August. She has issued me a new I-20 with a new start date. She said I can enter the US once my new application get the pending status in 10-12 days after application (1-797).

But I am concerned because since from what I understand if you leave the US without applying for OPT, even though you are still within 60day grace period you lose your eligibility to apply for an OPT. Since this is a new application and I am outside of US. Have I lost the eligibility to apply for OPT. Since, I left the US my I-94 was collected and hence I dont have an I-94 number to fill in on my I-765. I would really appreciate if someone could help me with it, since time is running out.

Below is a excerpt from the letter of denial received from USCIS:

2) For post-completion OPT, the student must properly file his or her Form 1-765 up to 90 days prior to his or her program end-date and no later than 60 days after his or her program end-date. The student must also file the Form 1-765 with USCIS within 30 days of the date the DSO enters the recommendation for OPTinto his or her SEVISrecord.

The record shows that you completed your studies on June 14, 2012. Optional Practical Training (OPT) must be requested to begin no later than 60 days after your program end date. You applied for OPT to begin on August 14, 2012, 61 days after your program ends.

Therefore, your application for employment authorization is denied.

There are no provisions in regulations which provide for an appeal from this decision. This decision is without prejudice to consideration of subsequent applications for employment authorization filed with U.S. Citizenship and Immigration Services (USCIS).

This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion.