OPT Denied- It was my school's fault. What are my options ?

[cracker1991]

I graduated on May 20th, 2013 from an accredited school with 4 years bachelors degree and applied for OPT on may 16th, 2013. I finally received a decision of denial from USCIS on July 26th, 2013 stating that the following:
 

A) F-1 student seeking Optional Practical Training in an Occupation Directly Related to the Studies-©(3)(i). File your EAD applicaiton 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.

 

B) For post-completion Optional Practical Training (OPT), the student must properly file his or her Form I-765 up to 90 days prior to his or her program end-date and no later than 60days after his or her program end-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 cannot reapply for OPT as i'm past the 60days grace period, my only option is a motion to reconsider. I talked to a couple of lawyers and they all agreed that a letter from the school included in my MTR taking responsibility for the missing paperwork should help my case. I also managed to get a letter of recommendation from Cheri Bustos office to include in my MTR.

Has anyone heard of similar case to mine where it was the school's fault ? They apparently did not even update my I-20 with OPT recommendation, neither did they update my info in the SEVIS system.

What are my options ? has anyone heard of a similar case before ? Will I be granted OPT with the provided evidence ?

If not, what are my options ?

 

Any input on this matter is greatly appreciated

 

Thank you

 

-A

[livliv]

Your post does not clarify how it is your school's mistake. Did they enter the program end-date wrong or did they incorrectly informed you about the 30 day thing? If you can prove that your application was incorrect because of circumstances beyond your control, you may be able to obtain a favorable decision.

[cracker1991]

Your post does not clarify how it is your school's mistake. Did they enter the program end-date wrong or did they incorrectly informed you about the 30 day thing? If you can prove that your application was incorrect because of circumstances beyond your control, you may be able to obtain a favorable decision.

 

The school forgot to do their part by issuing me a new I-20 and entering me into the SEVIS system.

Now im pretty sure you can apply for OPT without a job offer in hand ? so realistically they didnt need a letter of employment to request OPT for me

 

[livliv]

So the program end date in SEVIS was wrong? It is equally your responsibility to make sure that your I-20 is valid and extended if necessary. It will be difficult to prove that is was their fault. Consult an experienced immigration attorney. They may be able to help you in proving that your delay in application was because of circumstances beyond your control.

[cracker1991]

No they didnt even have an entry request for OPT

[t75]

You applied 4 days before graduation when you could have done so 90 days and you are griping. Poor planning on your part.