OPT Denied - Please help me


Lakshmi815

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Hello All,

 

My OPT got denied with the reason specified in the the following Denial notice. Can you please advise me the further steps I need to take on it ?. 

 

Program (MS) end date as per I-20 : May 31st 2016,

OPT applied on : Feb 29th 2016.

 

Denial Notice

 

This notice refers to your Form I765, Application for Employment Authorization, filed on

February 29, 2016, in which you are requesting employment authorization pursuant to Title 8, Code of Federal Regulations (8 CFR) 274a. 12 ©(3)(B). Upon consideration, it is ordered that your application be denied for the following reason(s):

 

Title 8, Code of Federal Regulations, Part 274a. 12©(3)(B) allows for the authorization of

employment to a nonimmigrant (F-1) student who is seeking employment for purpose of optional practical training pursuant to 8 CFR 214.2(f), provided the alien will be employed only in an occupation which is directly related to his/her area of studies and that he/she presents an I-20 ID endorsed by the designated school official.

 

Title 8, Code of Federal Regulations, Part 214.2(f)(11)(i)(B)(2) states, in pertinent part:

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 60 days after his or her program end date. The student must also file the Form I-765 with CIS within 30 days of the DSO enters the recommendation for OPT into his or her SEVIS account.

 

A review of your application, all supporting documents submitted and the Student & Exchange Visitor Information System (SEVIS) indicates that the date on which you submitted your application, February 29th 2016, does not fall within the 90 day period prior to being enrolled for one full academic year making you ineligible to receive employment authorization under

©(3)(B). For this reason, your application must be and hereby is denied.

 

Question:

 

1. Can I file a new OPT application to USCIS OR I need to file a motion to reopen or reconsider ?

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