First OPT Denied & What is my Status and what are the options to me now?

USA F1, F2 Visas - CPT - OPT
1 
I have applied OPT on April 25th Since then it was Initial Review.Called USCIS Several times and expedite my case but still there is no change few days ago i got a email saying that ” Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny or Notice of Intent to Revoke.”
Suddenly there is change in the status after a long time …
My I765 status went to
“Decision

On September 26, 2012, we mailed you a denial decision notice for this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of September 26, 2012, please call customer service at 1-800-375-5283 for further assistance.”

I did not receive any RFE nor any notice just it went to denial.I dont know what to do now….Please let me know what is my status now and what should i do ?
2

Contact your school DSO immediately, they will tell you what might be the reason and future steps. It is vey unlikely for a first OPT to be denied.

I think you can appeal, generally you have about 60 days to leave USA from the day you received your denial notice (if your are currently running out-of -status)

3

Here is the story …My first OPT I20 was generated in March 8,2012 but due to some reasons i did not submit it on time so i approached DSO regarding this and DSO told it will be automatically deactivated. so DSO have generated one more on April 23,2012.It reached on April 25th 2012.So i have applied with that.

Now Denial Notice says "USCIS has reviewed the evidence of record and found that the DSO entered the request for OPT employment into the applicant’s SEVIS record on March 8,2012 .However the applicant did not submit this application until April 25,2012 ,morethan 30 days after SEVIS request was made.

As such applicant is not eligible to apply for optional pratical training in accordence with the rule # .Accordingly the application for employment authorization is denied.

There is no appeal to this decesion.However the pursuent to the rule# applicant may file a motion on form I-290B .Such motion should accompained by proper fee and filed within 30 days of this notice.

Let me know how should i approach on this.

4

Hi mega521,

I have the same problem, my first OPT application got denied because my application was received 32 days after the date of the DSO recommendation (released date on I-20) so I do not know what I should do! Should I file a motion to reopen or reconsider an adverse decision? If so how long it would take for USCIS to make a decision on my case? I really appreciate if you could share your experience.

Thanks

5

Hi alidani,
I think I’m in the same boat maybe even worse because I didn’t know the 30 days rule until I got the deny letter and my I20 has expired more than 60 days at the time. I wonder how did you do afterwards? Did you file a motion and did you get succeed at the end? how long would the process take? Looking forward to your kindly reply. Thanks.

6

hey is your problem solved? How did you solve it. I have applied my opt on oct 14th and as per now there are no changes. And I didn’t hear anything regarding the RFE etc., Please help me with this. I am really worried

7

it is normal that OPT application is in process for 90 days. but you can call the USCIS customer service if you feel worried. they may file a document which may help to speed up the process.

8

Hi,

I have the same problem. I am planning to appeal the decision with USCIS. What was the result in your case. Can any please drop me a mail to lcr.chakri@gmail.com

It is matter of status for me. I am completly drop, please suggest me something.

9

Hi Alidani,
Did your issue get resolved?

10

Hi legachakri,

Did your issue get resolved?, i just landed in the same problem. Can u tell me how u went forward with it?

11

hey guys, I have the same problem. I missed the deadline by a day. I need your advice on what to do… Tha You.

12

Hi, I have the same problem. How did you solve yours please…?

13

Hi,

What did you choose? Did anyone filed MTR?

Thanks.

14

Hello
Can u please inform me what was happened and what is the procedure to get the OPT card. I am in the same situation.
Thanks

15

Hi bro, could u please tell me how you proceded. I am in the same situation. USPS delivered my file on 31st day. Please do help.
kalyanraovadlamudi@gmail.com

16

Seems like many were in this boat at one point or the other. I just received a denial on my first EAD too. Same prob, didn’t send within 30 days. Please share how you guys proceeded with this!!!

17

Yes, please. Any advice on how you guys proceeded?

18

Hello What happened to your case, I am also on the same boat. What did you do??

19

@prattsoni I’m so sorry! I was married at the time and moved over from F1 to H4. Your local Senator’s office should have a USCIS lawyer. They are usually super helpful and you should definitely go meet with them irrespective of your nationality.

20

Thank you so much for your reply