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If first OPT denied in Aug-2015 and I-94 expired same time,

Customer Question
Hi, If first OPT denied in...
Hi,
If first OPT denied in Aug-2015 and I-94 expired same time, Motion to Reopen (I-290B) is filed and continued staying in USA. Motion to Reopen got APPROVED now but OPT (I-765) got denied same day.
Is this MTR processing period is considered unlawful Presence?
Submitted: 1 year ago.Category: Immigration Law
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Answered in 5 minutes by:
10/19/2016
Immigration Lawyer: Expert James, Lawyer replied 1 year ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,634
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Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.

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Immigration Lawyer: Expert James, Lawyer replied 1 year ago

What was the MTR for?

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Customer reply replied 1 year ago
OPT (I-765)
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

I-765 is not OPT. I-765 is an application for Employment Authorization, based on OPT. And OPT is not a status. If you get OPT, that means you are in F1 status.

So when you filed the MTR, was it for the Employment Authorization? Or was it for F1/OPT status?

And what was denied, the I-765? Or the request for F1/OPT status?

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Customer reply replied 1 year ago
It was for Employment Authorization
Customer reply replied 1 year ago
After completion of Masters, I filed I-765 for Employment Authorization in Feb15. But it got denied in August15. Then filed an MTR against the denial decision. Now I got the MTR approved but I-765 denied again. Note: my I-94 expired in Aug15.Question is Am I accruing unlawful presence?I know if MTR is denied, then I am accruing unlawful presence. But here it is MTR approved but benefit denied.
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

What you are presenting as the background information is not making sense because it is contradictory.

First you say you applied for Employment Authorization and it was denied. Then you say it was approved but denied. I don't understand.

EAD is not a status. You have to have a status (I-94 should say your status) on which EAD is issued. So approval of EAD doesn't determine if you are out of status.

What status were you in? J-1 of F-1?

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Customer reply replied 1 year ago
thank you so much for your reply. You are not the right attorney to talk to. I never learned Law, but understand this better than you, it seems. I will work with some other lawyers.anyway thank you.
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

No, I understand the law completely. I've been doing this for 11 years. So please do not insult me.

Immigration terms are a language unto themselves. Each thing you say or phrase you use has a relevant definition. You may not know this, so just attached the documents you are referring to, so I can look at them.

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Customer reply replied 1 year ago
I never intent to hurt/insult you.
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Please just attach the documents you received.

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