OPT Application Question


indengg

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I was a student at a university in Florida in Spring '13. I applied for OPT there, since I was set to graduate that semester, and my OPT card arrived and it was supposed to start on July 7, 2013. But due to some issues and a family problem back in India, I performed poorly and was academically dismissed on May 8, 2013 without graduation. On inquiring, the international office at the university in Florida informed me that the OPT is automatically cancelled since I did not graduate in Spring '13 and no further action was required to be taken on my part.


 


I appealed my academic dismissal at the university in Florida and, while waiting for the school's decision, even applied to be transferred into a university in Iowa as a backup option. As soon as my appeal at the university in Florida was rejected, I decided to move to the university in Iowa, to complete my degree, because they accepted my transfer request. I requested the university in Florida to transfer my SEVIS record to the university in Iowa and they did. But on speaking to my international adviser at the university in Iowa, I found out that the university in Florida had transferred my record in a terminated status.


 


I transferred into the university in Iowa in Fall '13 and worked with my international adviser on a form I-539 requesting USCIS for reinstatement. On December 28, 2013 USCIS sent me a RFE and I worked with my international adviser again to send a reply by January 27, 2014. In response to the RFE, my international adviser also recommended me to be reinstated.


 


Though the RFE said that USCIS will get back to me within 60 days of the receipt of my documents, I am still waiting for them to get back and the USCIS website still reads "Request for Evidence Response Review" when I enter in my case number. I called them on May 6, 2014 and they made a case to expedite my process and told me that they will get back to me within 30 days. 


 


While I am waiting for their response, I am set to graduate by July 11, 2014. I contacted you to request your experienced advice in this situation. Specifically, if USCIS gets back to me saying that my F-1 status has been reinstated, can I apply for OPT again? 


 


I appreciate your help in this regard.


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