OPT application still INITIAL REVIEW since 100 days

[Sua]

Hello All,

 

Firstly, I would like to thank this forum and its members for being helpful and guiding with solutions.

 

I have a little issue. I am a recent graduate, graduated on 10th August, 2013. I applied for OPT with a receipt date of 12th August, 2013 in Texas. My application is still in the "Initial Review" and it has been over three months. I saw on the USCIS website that the normal processing time is 3 months and I have seen my friends getting their OPTs with in 2 months of application.

 

I was replied to a service request that I created by calling USCIS that my case is in "Extended Review". I am worried because I have a job offer and it requires me to start working from 1st week of December. I really don't want to miss this finest opportunity. I feel that I may not get another such offer.

 

Can I know:

 

1) what are my options to start working?

2) can I get a temporary EAD? (I was suggested by a friend)

3) can my university adviser issue an I-20 authorizing me to work? (I read this online)

4) how can I make my case move faster?

5) what is the exact meaning and processing time of "Extended Review"?

6) what are your recommendations or suggestions that I should let me employer know?

7) can an offer letter help me? as I am thinking to make an info-pass appointment this week with USCIS.

 

Sorry for so many questions, but I am really running in bad circumstances and will appreciate all your answers.

 

Thank you everyone in advance!

 

Sincerely,

Sua.

[maverickp]

Please find my answers inline.
 

1) what are my options to start working?

 

Let me be brutally honest here, for your own sake. YOU CANNOT START WORKING UNTIL YOUR GET YOUR EAD CARD. That's in caps because it's a critical point. Violate it, and you will run afoul of USCIS rules. Don't jeopardize your career and your future in this country for a job offer, no matter how good it is. If the company is legit, they know you cannot work unless you furnish proof of your EAD, i.e. the original EAD card that you'll have to submit to your employer within 72 hours of joining. If the company isn't willing to wait, well, ditch them because it's not worth doing something illegal like this for any reason.

 

2) can I get a temporary EAD? (I was suggested by a friend)

You can try calling up the USCIS customer care number and also mailing them, and try your luck. I've never heard of any such "temporary card" being issued, but I might be mistaken and no harm in trying. But, if nothing else, you can definitely try calling them and requesting expedited review on your case, because I know someone who did that and it worked. In addition, also get your univ DSO to do the same and request for expedited processing in your case, because you already have a standing job offer and since it's been more than 90 days.
 

3) can my university adviser issue an I-20 authorizing me to work? (I read this online)

Had this been for CPT, yes. For OPT, if you have already graduated, NO.
 

4) how can I make my case move faster?

 

As I've said above, call and mail the USCIS customer care and/or processing center. Ask your school DSO to do the same on your behalf.

 

5) what is the exact meaning and processing time of "Extended Review"?

 

Sorry, I have no idea about this, wait for someone else to answer.

 

6) what are your recommendations or suggestions that I should let me employer know?

 

Request them politely to wait. Tell them the truth, that (1) it's not in your hands, (2) you don't have a timeframe for this, and (3) no matter what, you cannot start working unless you have the original EAD card in your possession, otherwise both you and the employer would land in a lot of trouble.

 

7) can an offer letter help me? as I am thinking to make an info-pass appointment this week with USCIS.

 

Yes, definitely. Scan it and attach it to every mail that you send, and send a copy of it to your DSO, plus request your DSO to scan and send it over to the USCIS as well. From what I know, doing that does help moving things a bit faster.