OPT denied on the basis of 'lack of intent' to study at the visa-stamped college


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Please help me with this. I got my visa stamped on XXX university. I had to start my attendance here on 6 Jan 2014. I received my visa stamped passport on 10 Jan 2014 and there was no way I could attend XXX. I requested XXX to extend my attendance date. They did not accept.


I had admission from another YYY university. It's start date was 21 Jan 2014. I chose to come to US to YYY and applied for a sevis transfer from XXX to YYY.


Sevis was transferred by the XXX DSO. I studied one semester at YYY. Changed to another college ZZZ and finally completed all the course work and earned all the required credits to graduate from ZZZ alone.


USCIS denied my OPT stating that I never 'intended' to study at XXX and as I did not attend XXX though I got my visa through them, I violated the F1 status. The law is to study one semester at XXX before initiating transfer.


It was denied stating my "intent" was not to study at XXX but to study at YYY (as I had admission approved at YYY before I went for visa interview date) and it is a violation of the law.


Can someone suggest how can I remain in status now? I will request for the motion to reconsider but am not sure of the outcome.


Can I take another course and do Masters in another field or college. Will my status allow that? Will a new sevis be generated? Do I have 60 days to remain in the US?


Thank you so much for your time and help.


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  • 3 weeks later...

Hi wrkul,


         Your 60days count is from the date your program completed. After getting decision within 30 days you can go for filing MTR(Motion To Reopen) with attorney if you have extra evidences. If you are within 60 days grace period, I think the decision would give you the option to re-apply for opt.


Did you get a chance to contact an attorney?



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