OPT Denied because of school error

[SimonB89 1]

I am a F-1 Student applying for my second OPT.

 

Just received my letter of denial for the following reason;

The Student & Exchange Visitor System indicates that you have previously been granted 12 months of practical training for your Bachelor's degree....Review failed to establish that you have changed to a higher education level.

 

I had just graduated with my Masters and upon research, found my school DSO never updated my form I-20 from "Bachelor's" to "Master's", Hence the denial.

 

I am left with filing a motion to re-open or reconsicer Form I-290B. I have a few questions as this is new to me and my school has no idea what is going on, and will not help me with the $675 cost of the form. USCIS information hotline were very unhelpful also, and the lady started," There is nothing I can do", When I told her I am getting no help from my school.

 

1. Do I file a motion to re-open or re-consider? as they are both options and the motion form I-290B lists 6 different options

2. Where do I submit the form, as their is no location for the form I-765 that was denied.

 

Any other information provided would be greatly appreciated as I have to submit the form this week, as I only have 30 days to file the motion.

 

Thank you 

 

 

[Coco8 1,042]

Can you get an appointment at USCIS to ask them about this? It seems too complicated and I am not sure someone on VJ will know about this.

 

https://my.uscis.gov/appointment

 

You can do an appointment to submit an application in person and take the paperwork filled out. If there is something you are not sure with, you can leave it blank and ask them.

 

Anyway, that is what I'd do if I were in your situation.

 

You should file a complaint with the university, maybe the graduate student provost or something, about what the office for international students did. It is unacceptable. It could have jeopardized your status and the fee is very costly.

[SimonB89 1]

37 minutes ago, Coco8 said:

Can you get an appointment at USCIS to ask them about this? It seems too complicated and I am not sure someone on VJ will know about this.

 

https://my.uscis.gov/appointment

 

You can do an appointment to submit an application in person and take the paperwork filled out. If there is something you are not sure with, you can leave it blank and ask them.

 

Anyway, that is what I'd do if I were in your situation.

 

You should file a complaint with the university, maybe the graduate student provost or something, about what the office for international students did. It is unacceptable. It could have jeopardized your status and the fee is very costly.

Tried to get an appointment off USCIS department here, but there was a 3 week wait. Mentioned this to the lady on the helpline phone call and she said she had no other way to help me, helpline provided little to no help.

 

asked my DSO for more information and she told me to,"read the paperwork carefully" the school has no idea. I will file a complaint after I submit the motion, just want to get this sorted first. I know it is confusing, just trying to find an avenue to get help since USCIS and my University both offered none upon request.

[Coco8 1,042]

I'd make an USCIS appointment just in case you need it later.

 

Maybe you need to call using your case number from the OPT directly to USCIS rather than a helpline. Can you call and ask to talk to a "tier 1 officer"? I've never called for something like this but many people on the forum say the people answering phones have no clue and that one should always call for a "tier 1" or (for some specific cases) "tier 2" officer. 

 

 

 

 

 

[SimonB89 1]

That's good advice, I just presumed the people answering the phone would be helpful. The appointment for a couple of weeks may be helpful, as by then they will have recieved my motion and I can explain. Thank you

[Coco8 1,042]

Let me know if something works. At least it will be recorded on the forum in case this happens to someone else. Good luck!

[Pratt 0]

Can you please post what happened with your case

[SimonB89 1]

On 9/10/2017 at 8:15 PM, Pratt said:

Can you please post what happened with your case

After being denied I filed an I-290B Motion to Reopen the case, this is what USCIS and advice I got from an immigration attorney via e-mail, said to do.

I sent the paper work in to the POTMAC service center, again from the USCIS customer service number. That was on July 27th, two weeks after being denied. On 10/02/17 I was granted my EAD for OPT, and USCIS granted me and extra two weeks from my initial start date. 

 

I will be filing a formal complaint and requesting reimbursement from the university President, when all is said and done. The school DSO made the error and their was no effort on their part to help the problem, and have since messed up another students I-20 status.

 

If your opt is denied, you still have options, especially if it was a third party at fault.

 

Hope this helps anyone who has to go through this in the future.

[jan22 3,056]

Another important lesson would be for the individual to read all the official paperwork for their status to ensure it is correct.  Nobody has a greater interest in ensuring that everything is correct than the individual involved, as mistakes can happen at all levels.  Seeing the I-20 did not reflect the higher degree at the time it was issued and having it corrected immediately would have saved all this time and trouble.  

Edited October 9, 2017 by jan22

[SimonB89 1]

19 hours ago, jan22 said:

Another important lesson would be for the individual to read all the official paperwork for their status to ensure it is correct.  Nobody has a greater interest in ensuring that everything is correct than the individual involved, as mistakes can happen at all levels.  Seeing the I-20 did not reflect the higher degree at the time it was issued and having it corrected immediately would have saved all this time and trouble.  

Important lesson, correct, but when a DSO has control over one's Sevis status, I couldn't really control every aspect of the application process. If a DSO makes a mistake, they get to go to work the next day. When a student makes one, they have to consider leaving the country. Check your paperwork, and hold your DSO to a high standard.