Hello,my name is Judith. Thank you for this opportunity to answer your questions.
The law allows you to get OPT for each level of your course of study so you should have been given OPT for your AA and for your BS.
What were the grounds on the denial notice?
The previous school, wrote by mistake on my I20 that I had BA, and they did not fixed on the computer. So I got a letter from them explained that to the immigration, The problem is, the company who is trying to hire me has an attorney who said the opposit, he said that I already used my opt under undegraduate offer. Now just if I get masters I can get another opt. Can please show me where can I find this information to show the immigration? They gave me 33 days to fix this issue, and according to both universities they said that I have to pay a fee of $600. It is unfair for because it is not my fault. I followed all the directions, I paid all the fees, I had a good gpa, and now when is time for me to make some money and work on my area, they denied, and will charge more. Can please help?
Sorry, I am sending again after review.
The previous school, wrote by mistake on my I-20 that I had BA, and they did not fixed on the computer. So I got a letter from them explainning that to the immigration, The problem is, that the company who is trying to hire me has an attorney who said the opposit, he said that I already used my opt under undergraduate offer. Now just if I get masters I can get another OPT. Can you please show me where can I find this information to show the immigration? They gave me 33 days to fix this issue, and according to both universities they said that I have to pay a fee of $600. It is unfair for a student because it is not my fault. I followed all the directions, I paid all the fees, I had a good gpa, and now when is time for me to make some money and work on my area, they denied, and will charge more. Can please help? Thanks.
The lawyer made a mistake and it has cost you. They should pay the fee to re-open and reconsider the denial by telling USCIS they made a mistake.
It is in 8 FCR 214.2(f)(10)
3) After completion of the course of study, or, for a student in a bachelor's, master's, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent). http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17800.html
The completion of an AA is the completion of a course of study.
The USCIS used the information under the Title8, Code of Federal Regulations part 214.2(f)(10) which states in pertinent part:
A student may be authorized 12 months of practical training , and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level.
The I-20, certificate of Eligibility for Nonimmigrant (F-1) student staturs, and/or employment authorization card(s) contained in the record show that you were previously granted optional practical training for the same leve olf education from Jun2009 - to June 201. The record shows that you have previously been granted the maximum of twelve months of optional practical training.
Therefore, your application for emplyment authorization is denied.
If you disagree with this decsion... you may submit a motion to reopen or amotion to reconsider by completing a Form I-290B, Notice of Appeal or Motion.
Must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect accordint to stature, regulaton, and / or precedent decision.
So what should I send to them?
The I-290B form
The letter from both universities showing that my first opt was under AA not in Ba?
The copy of my diplomas in AA and the transcript?
What do you suggest?
Thanks for all your professional job, I am not an attorney and since I got the wrong information now I really need to know which information is the correct one.
The school and the lawyer made a mistake saying you had a BA. That is the problem.
The law is very clear. You can get 12 months for completion of a course of study.
I gave you the law.
I gave you a citation.
USCIS doesn't know if you have a AA or BA unless someone tells them. Unfortunately two different sources told them the wrong info.
The letter from the school they made a mistake
A copy of your AA diploma
A copy of your transcript
A letter from the lawyer saying he made a mistake about your level of study.
I have been doing this for 34 years and there is never a problem with my clients getting OPT for AA and then BA and then MA then Phd.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).