Late OPT STEM Extension application

[ptrinh18 0]

I have applied for OPT STEM Extension since September 10th and got the recommendation from the DSO on that day. But due to a mailing error, USCIS just received the I-765 on November 6th - which is more than 30 days since the date the DSO enters the recommendation of OPT into his or her SEVIS record.

After further investigation on this issue, I found this:

“On September 13, 2012 ... NSC discovered an inconsistent approach both internally and across the centers in applying the regulations." Therefore, according to the USCIS, the regulation containing the 30-day filing requirement is now being consistently enforced by the USCIS ... As part of implementing uniform enforcement of this regulation, the NSC representative added that the applications that do not comply with this requirement should be denied without a request for evidence (RFE)”

It seems like USCIS has enforced stricter requirements on OPT. They had changed the language from "endorsed by a Designated School Official within the past 30 days" to "within 30 days of the date the DSO enters the recommendation of OPT into his or her SEVIS record."

Today after consulting with the DSO, I have sent out an updated I-20 (although the recommendation date has not changed), with an explaining letter and a copy of the I-765 form. What do you think about the chance USCIS deny my OPT application?

My current post-OPT will end on December 31th, which is very soon from now. If I wait until they deny my application and file it again, I afraid I won't have enough time.

Please advise me.

Thank you very much!