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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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No.My daughter is Canadian. She graduated from GWU (medical

Customer Question

Hi Pearl
JA: Have you talked to a lawyer yet?
Customer: No.My daughter is Canadian. She graduated from GWU (medical degree) May 18 this year.
She applied for her opt in time, but the fee she included was wrong ($360, instead of $380). Consequently the application was returned. By the time sent it back, it was already past the 30-day window – her i-20 was provided to servi Marc 26, and the re-submitted application was received May 6. Hence the denial.
Are you able to help with this case? We have roughly 20 days left within which she can file motions to reopen or reconsider, if that is the appropriate route.
JA: No. I'm the Immigration Lawyer's Assistant. Anything else you think the lawyer should know?
Customer: Not sure
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Expert James replied 4 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

This is not a legal services site. This is a place to get general information about the situation you describe. Do you still want to continue this?

Expert:  Expert James replied 4 months ago.

This is the immigration topic area. But I see this as a family law question. However there are US immigration implications. Would you like me to discuss the immigration implications?

Customer: replied 4 months ago.
I am interested in the immigration issues only. I am asking on behalf of my daughter. There are no family law issues involved. So yes, the immigration implications please. Thanks.
Expert:  Expert James replied 4 months ago.

Sorry about any confusion. For some reason, my response to another question posted in yours. I only just realized the error when I saw your response this morning. My apologies for any inconvenience this might have caused, including those related to delays in my response.

I see the background information, but what is your specific immigration question?

Customer: replied 4 months ago.
My daughter's OPT (Optional professional training) employment visa (I-765) was denied because it was received late by US immigration. This is a visa routinely given to foreign students graduating from America universities in professional degrees. The application was late (not within the 30 day period since her school submitted he I-20 data to immigration) because the original application was returned to her for insufficient fund fee - she sent $360 instead of the correct $380. The original application was received on time, except for the incorrect fee. I understand that she can file (a ) a motion to reopen or (b) a motion to reconsider. What would you advise at the best approach? What are the chances for success? FYI, we are Canadian citizens, if that matters.
Expert:  Expert James replied 4 months ago.

First, OPT stands for Optional PRACTICAL Training. Second, it is not a status or employment visa, in and of itself. Those on OPT are still in F1 student status, but receiving training through OPT. And they are authorized to do so by filing a request for employment authorization.

I do not want to be negative, but in this case, I don't think either of those motions is going to be useful. Why? Because a Motion to Reconsider is in cases where there are errors in fact or law that should be considered, and a Motion to Reopen is in cases where there are new facts that should be considered. Submitting the incorrect filing fee does not fall within either of those two categories. Moreover, as an error on the part of the applicant, and not the USCIS, there is little to any chance it will be considered.

Unfortunately, as you can see in the article at the following link, the USCIS strictly enforces this rule: http://www.murthy.com/2016/04/28/uscis-enforces-30-day-opt-filing-rule/

I'm so very sorry.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Thank you!

Customer: replied 4 months ago.
Thank you. I do appreciate your candid views. But would you be aware of how other people in this situation remedied the denial, or there just isn't a remedy available?
Thanks.
Expert:  Expert James replied 4 months ago.

Apologies for the delay. I thought I had answered your questions and have been working on a client's case in my private practice. Others remedied the denial through a Motion to Reconsider or reapplication, if they had time to do so (i.e., it is still within the 60 days from completion of the program). Unfortunately, in this case, it is past the 60 day grace period for filing for OPT or change of status, and the 30 days have passed since the certification of the I-20.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 3 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.