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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106879
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My name is ***** ***** My OPT application got denied JA:

Customer Question

Hi, My name is ***** ***** My OPT application got denied
JA: Thanks. Can you give me any more details about your issue?
Customer: So my form i-765 application was receipted by uscis on dec 14 2015 and the date of dso entered my recommendation for opt into my sevis record was oct 23, 2015 (53 days before i submitted my i-765)
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: It said here "you failed to submit form i-20 endorsed by the dso within 30 days of filing form i-765 with uscis"
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay as I may also be assisting other customers at the same time and I read and type fast, but not that fast! Thank you for your patience.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
So who made the mistake and why? Did the DSO write the wrong date or did you submit it too late? Also, are you still taking classes or has your degree program ended? When?
Customer: replied 10 months ago.
DSO endrossed my opt recomendation too fast. She endrossed my opt recomendation while i am taking class. I am super busy at that time so i sent it late. My DSO never warned me about this, also she checked all my document before i sent it to USCIS and she said it should be alright. I am not taking any other class right now because i graduated in december.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
And is your DSO admitting the error? What has she said you should do? I'm thinking reinstatement because it was her fault, but what has she said?
Customer: replied 10 months ago.
She didnt admit it. She said thats my fault, and i need to go back to my home country. I want to file MTR, any advise for that ? My DSO didnt know what to do. So i need to do this by my own.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Unfortunately, I don't have good news for you. You may have begun to accrue unlawful presence since the date of denial. If you file an I-290B and try to prove that it was the fault of the DSO for inspecting your paperwork and sending it in when the recommendation was older than 30 days instead of issuing a new recommendation, but you fail to prove it, your unlawful presence could end up being more than 180 days after the original denial. So that's one option, but it is risky. Another option is to leave the U.S. and apply for H-1B from outside of the U.S. Of course, to be counted against the cap, you had to have filed April 1st, 2016. If you did not to do, then you would have to find a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. You still have to leave to apply for one. And still another option is that you could apply for a new program (preferably a higher level program) and get reinstatement through that new program so that you do not have to leave the U.S. Then through that new program you can then do CPT or OPT if you qualify. If you do reinstatement, you need to do it before you have 5 months of being out of status. I wish I had better news for you, but your options are limited. I have to log off for about an hour, but I will be back soon. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 10 months ago.
I just got the letter of denial on april 12 so i have 33 days from that day.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Yes, to file the I-290B, but as a backup, I would look for another school that may want to accept you and then you can try reinstating. The I-290B is difficult and not guaranteed. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 10 months ago.
I got aceptted on the other school for fall2016. Which mean that will be in august. But i want to stay in US till that month, do you have any advice about my status ?
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
You will most likely have to leave the U.S. and apply for a new F-1 student visa to come back. Let me know if you need anything else, but please do not forget that positive rating. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Thank you for your kindness and respect. Good luck to you.

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