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I have question for OPT EAD denied. I filed I-765. Not yet I…

Hi Pearl, I have...

Hi Pearl, I have question for OPT EAD denied.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I filed I-765

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet I am still waiting for the letter why they denied my case

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

May I explain for you via the phone?

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Answered in 5 minutes by:
3/6/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

An explanation over the phone is an additional $59 dollars. We can continue here without additional charge. I hope you didn't miss a date because then I will not have good news for you. What happened? Why was it denied?

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Customer reply replied 5 months ago
Hi, Guillermo.I got notice for today about my I-765 application for employment authorization denied. I would like to know what's the next step for fix this issue.
On October 4 my school DSO issued the I-20 showing the OPT request, which I picked up on the same day. You included this Form I-20 (original, instead of a photocopy) in your first parcel. I requested a replacement I-20, which was issued November 9. My package came back because I forgot to sign the I-765. After I all send out, I got my receiot date Nov 16, 2017, and case was denied.

If you missed a date and you weren't in the hospital due to some serious injury or condition, I will not have good news for you. This is your first OPT and EAD? When date did your program end?

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Customer reply replied 5 months ago
Hi, the second delivery I add my signature , but I have my new i-20 with the issue on Nov 9th, I hope I didn't make a mistake.

I have to go to dinner now, but I will be back in a few hours. In the meantime, what was your exactly program end date? I need to know to see if you basically lost your opportunity for OPT because you might have.

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Customer reply replied 5 months ago
My program end date Dec 8th, 2017.
Customer reply replied 5 months ago
Thanks for any great ideas

Unfortunately, this is a big problem. Take a look at this link on the 12th page:

https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf

Specifically:

What is the deadline for applying for post-completion OPT?

An F-1 student may apply for post-completion OPT up to 90 days before the student’s program end date and up to 60 days after his or her program end date. The application must be properly filed with the correct USCIS Service Center. In addition, the application must be properly filed within 30 days of the date the student’s DSO recommends OPT in SEVIS.

So all you can do is file an I-290B and appeal the decision but if you lose, your unlawful presence would start from the date of original denial if it was after your program end date. If it was before, then you should be ok. If your I-290B is denied, you would lose your chance at OPT and will need to leave the U.S. and apply for an H-1B from outside of the U.S., or you can apply from outside of the U.S. for a new F-1 student program. I am truly sorry for the bad news. I wish I had better news.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin, Immigration Attorney
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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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