Overstayed F1 due to USCIS's fault seeking employment authorization options

[toaki 0]

As an F1 I applied for OPT but USCIS could not cash my check for god-knows-why, failed to notify me for several times, and messed up with the online status (the notice date of receipt was June 15th but the online status claims that they sent me an notice for insufficient fund on June 11th, which was impossible), causing my overstay. Now my case was rejected and my grace period is passed. The USCIS customer service representatives said I can reapply for OPT with a cover letter explain my situation, but my university insisted that I cannot reapply because of grace period. I have overstayed for more than 2 weeks. I got an offer from a non-for-profit research organization that is qualified for H1B cap exempt, but I am afraid that if I tell them about my problem, they will withdraw the offer. I would have a career here but USCIS just screwed up everything.

So what options do I have? Should I hire a attorney and fight with USCIS? Or should I tell my potential employer and ask for their help? Or anything else? Please help me!

[Darnell 8,478]

this is a DIY site,

so for the nonce,

I recommend that you practice writing up letters of attestation about exactly what happened, and include the final version with the new OPT application (for now).

Although yer uni says one thing - it helps loads if you actually sit down with the DSO human on campus, face to face, and talk more.

[canadian_wife 1,822]

You got a job offer - awesome! Did you receive that offer under the conditions that they were NOT going to sponsor you? Were they under the impression that you already had work authorization through OPT?

If that is the case then yes, they may revoke the offer if they are not in the practice of sponsoring work visas.

I say reapply to USCIS

Good luck

[jan22 3,056]

And, in whatever route you chose and the documentation you submit, I would omit blaming USCIS for your overstay -- you always had the option of leaving on time and chose not to. I doubt that a USCIS official is going to acknowledge that your overstay is their fault. There might be reasons for all of the issues you cite as being their fault. For example, you say the check could not be cashed for some unknown reason; but then say the onine status says it was because of insufficient funds (which would not be their fault -- could be yours, could be the bank's, could be a deposit you made not clearing as quickly as you thought, etc.). Use just the facts, presented neutrally. Why open on a negative note with the people who control your process?

Not trying to be rude, and I'm sorry your plans have not worked out the way you wanted at this point, but you are not owed a career here in the US regardless -- in fact, when you came on a student visa, you told the visa officer that you would leave the US and return home at the end of your authorized status, which you clearly did not do at this point. So, IMO, you should tread lightly with throwing blame around and just present the information.

Edited August 11, 2015 by jan22

[newacct 688]

Why not just H1b visa abroad based on your potential employer?

[NancyNguyen 1,657]

And, in whatever route you chose and the documentation you submit, I would omit blaming USCIS for your overstay -- you always had the option of leaving on time and chose not to. I doubt that a USCIS official is going to acknowledge that your overstay is their fault. There might be reasons for all of the issues you cite as being their fault. For example, you say the check could not be cashed for some unknown reason; but then say the onine status says it was because of insufficient funds (which would not be their fault -- could be yours, could be the bank's, could be a deposit you made not clearing as quickly as you thought, etc.). Use just the facts, presented neutrally. Why open on a negative note with the people who control your process?

Not trying to be rude, and I'm sorry your plans have not worked out the way you wanted at this point, but you are not owed a career here in the US regardless -- in fact, when you came on a student visa, you told the visa officer that you would leave the US and return home at the end of your authorized status, which you clearly did not do at this point. So, IMO, you should tread lightly with throwing blame around and just present the information.

Finally someone sees real problem. People usually blames USCIS for their mistake. OPT application takes few months and OP wouldn't realize until he overstayed for a while.

Edited August 12, 2015 by NancyNguyen