I didn't send out opt application(I765) within 30 days of my latest I20 sign on date. So I sent a letter to withdraw it and want to file a new application very soon. It is under RFE status right now. But the withdraw process usually takes within one month. I'm wondering if I can send new application right away or I have to wait for the withdrawal of my previous OPT application. I called USCIS. Some said no, they will get confuse because of two applications are pending. Some said I don't need to wait, go ahead and file the new one.
State/Country relating to question: Illinois
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Did the school issue you a new I-20?
Are you withing the 30 before or 60 day period after your completion date?
Hi, my school withdrew my previous i20 from SEVIS and she is gonna create a new I20 for me. After I get the new one, I want to file new application asap.The previous I20 was signed on Feb 1, USCIS received my application on Mar 13th. I made a huge mistake on it. I will graduate on May 12th.
Yes, you can file the new I-20 because by the time the USCIS gets to approving it they will see the old I-20 was canceled in the SEVIS record.
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Before they accept to process my new case, will they go through the system and check if there is an existing case under my name?
Yes, because they automatically check your SEVIS record and that will show a previous OPT I-20 and they also do a CLAIMS name recognition search.
I understand I can file new I20. It wont be a problem. DSO can help But my question for USCIS. My current OPT is RFE status. It takes time to withdraw my current OPT. And I want to submit new OPT application to USCIS very soon. Can I send new OPT application to USCIS while my current OPT application is under RFE? Is that possible they will refuse my new application because there is a pending OPT case in USCIS?
I'm sorry i though I answered that in my very first answer.
You can send another I-765 even though there is a pending I-20 with an RFE. You can send a copy of the withdrawal letter with the new I-765 and copy of the I-797 fee receipt for the old 765. That way the adjudicator will see that you wrote to withdraw the old I-765 and have this new one filed instead.
There is NOTHING that prohibits you from filing another I-765 while one is pending.
33 yrs attorney on all nonimmigrant & immigrant visas
Hi, I got an answer from other Attorney. For the same benefit, probably I can not have two I765 application at the same time.
That is why I told you to include a copy of your withdrawal letter.
In addition, the school is withdrawing the previous I-20 OPT on SEVIS so those two combined show that the first application has been canceled.
In fact, the date of the withdrawal will be the date that you sent the withdrawal and the school withdrew the SEVIS OPT I-20 for the first 765.
Consequently you will not have tow applications pending at the same time.
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