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I am a Masters Graduate in Aeronautics from Embry Riddle…

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Hi I am a Masters Graduate in Aeronautics from Embry Riddle University and was enrolled from 4th August 2016. At the time of enrollment my expected graduation date was 15th Dec 2017. Accordingly I had filed for and received Pre Completion OPT authorization from 15th Dec 2016 till 14th Dec 2017 under EAD authorization NoOn 12th July 2017 in anticipation that I would be graduating by 31st July 2017 I filed an application for Post completion OPT under Application Ref No
At that time the DSO could not could not change the start date of the post completion OPT on the SEVIS data base as the system would physically not let her. The application was therefore filed with completion date as 31.12.2017 and request for post completion OPT as 15.12.2017 till 15.6 .2018 . This application was denied by USCIS on 12th Sept 2017. Reason for denial being the application was early.By the time the denial was received i.e 12th Sept 2017 I had already graduated from the Masters programme under the Thesis option with Honours and a GPA of 4.0 on 31st July 2017. I accordingly filed for 2nd application No YSC 1790309987 which was receipted by USCIS on 19th sept 2017 as I had to complete the filing within the 60 day window . At this time too the SEVIS data base did not allow the DSO to make the change to the Post Completion Authorisation dates. The DSO made several attempts to contact the SEVIS help desk and was advised to make a recommendation on the I 20 . Accordingly the DSO issued a fresh I 20 with the recommendation to cancel the balance pre completion OPT and issue a fresh post completion OPT authorization from 23rd sept 2017 which was under the 60 day rule as the last possible start date from the date of graduation. Copies of the rDSO recommendation and scree shot of the SEVIS data base are submitted as evidence .This application was also denied on 20th Dec 2017 with the reason .As you can see from the evidence submitted , this is a SEVIS data fix issue over which neither the DSO or I have any control.
Further more , USCIS did not send back any RFE either to the DSO or me during the period the application was under review. On the contrary the denial notice was received 93 days after submission and after my pre completion OPT expired on 14th Dec 2017 . This denial will cause severe economic hardship and also prevent me from availing of the option for a 24 month STEM extension .

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

I have yet to recieve my denial notice but based on the evidence it appears to be a case of overlapping dates

Lawyer's Assistant: Have you talked to a lawyer about the OPT?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to understand my options as under the denial as i now have 46 days to leave the country

Submitted: 6 months ago.Category: Immigration Law
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Answered in 2 hours by:
1/1/2018
Immigration Lawyer: Edward Young,
 replied 6 months ago
Edward Young
Category: Immigration Law
Satisfied Customers: 512
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Immigration Lawyer: Edward Young,
 replied 6 months ago

You can appeal the adverse OPT decision and ask to reopen your case. You do this by filing USCIS Form I-290B (Notice of Appeal or Motion). You can file this form with the office that returned the adverse decision in your case. Filing this form will not ensure that a new and favorable decision will be made in your case but it does give you the opportunity to present your case.

An OPT denial is a serious enough matter to contact a professional. Please retain a lawyer as soon as possible. The more time you give a lawyer to prepare, the better the appeal he or she can write, and the more money you save because the lawyer does not have to charge an expedited rate to take care of the OPT denied notice for you.

If you tell me the city and state where you live, I can recommend some highly rated immigration attorneys who offer free consultations.

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Immigration Lawyer: Edward Young,
 replied 6 months ago

Do you have another question for me? If not, please rate me. That is the only way that I get credit for the work that I have done for you.

Thanks

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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).

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