How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12301
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

My OPT i765 got denied but I can file a motion. I've called

Customer Question

My OPT i765 got denied but I can file a motion. I've called my DSO for a new i20 but she said she cant reissue a new one since my status is deactivated. What should I do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year 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 conversation. We will talk back and forth until I have all the information I need from you, and you will respond until you have all the information you need. Once you've received the information you need, you will thank me by giving me a 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.

So you were told that your SEVIS record has been deactivated?

Customer: replied 1 year ago.
my DSO called the SEVIS helpdesk and they said they cant activate it back
Expert:  Expert James replied 1 year ago.

Did they say why?

How long have you been out of status?

Customer: replied 1 year ago.
i just received the denial letter from the uscis on May 23, 2015
Customer: replied 1 year ago.
they said because uscis denied my application
Expert:  Expert James replied 1 year ago.

Denied which application? The OPT?

What was the basis for denial by the USCIS?

Expert:  Expert James replied 1 year ago.

Did anyone ever mention reinstatement to you?

How long ago did you go out of status. Forget the USCIS letter, I'm asking you how long ago you were no longer enrolled in school.

Customer: replied 1 year ago.
since dec 20, 2015
Expert:  Expert James replied 1 year ago.

OK, now we are talking. And you applied for OPT back then and just got the denial?

Customer: replied 1 year ago.
no. nobody mention reinstatement to me
Expert:  Expert James replied 1 year ago.

And you applied for OPT back then and just got the denial?

Customer: replied 1 year ago.
as mentioned in my denial letter i am unable to appeal but i can file a motion to reconsider with other documentations
Expert:  Expert James replied 1 year ago.

Well what is the basis of denial then?

Customer: replied 1 year ago.
attached the letter
Customer: replied 1 year ago.
they denied because my application was submitted more than 30days past the DSO recommendation date
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for a answer you did not expect or like. Thank you for your understanding.

ANSWER: That is what I thought. You did not file the application within the two deadlines. And you do not appear qualify for reconsideration or to reopen.

You also are not eligible for reinstatement, since it has been more than 5 months since your status ended.

Therefore, the only option you have is to leave the US and reenter the US with a valid visa and a valid I-20, issued from the school after a new SEVIS record has been created. The only way this is possible is if you leave the US and start over.

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 leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

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!

Customer: replied 1 year ago.
means i have to go to school again?
Customer: replied 1 year ago.
I just finished doing my master
Expert:  Expert James replied 1 year ago.

No, it means you have to leave the US and come back with a student visa in order to get on OPT. OPT is not a separate status. OPT is part of the F1 status.

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 leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

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 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

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.