Legal Question in Immigration Law in Virginia

OPT denied, graduated with MS degree, need status advice

I applied for I-765 on 10/15/07. On 12/19/07 I changed my address and submitted AR-11 form. On 12/21/07 I received a service request notice saying that ''Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of the letter''. On 01/08/08 I officially graduated with MS in IT. I made an appointment on 01/30/08 with USCIS through InfoPass. They confirmed that my case was denied on 11/29/07. Officer also submitted an email for expediting the delivery of duplicate denial notice. She also indicated that it may take roughly 30 days to receive the denial notice. My case status on USCIS website still shows that ''Current Status: Case received and pending''. I did not receive any notices but I am not sure that I missed any notices.

1. When do I go out of status?

2. Is it correct that OPT may be denied, if I apply for new I20 while OPT is being reappealed/reapplied?

3. I may apply for new I20 to get a F1 status. Is it correct that if I go out of status, then I cannot get any I20? If yes, at the latest when can I apply for new I20? The semester at the college begins at 04/01/08. What is my status meanwhile?

4. Is it good to wait for denial notice? What is my status meanwhile?


Asked on 2/01/08, 1:30 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: OPT denied, graduated with MS degree, need status advice

1. You go out of status 60 days after receipt of the official notice of OPT denial.

2. You can file to reopen or for reconsideration of your OPT denial if you have a meritorious reason for so doing.(As long as you have a case pending with USCIS, you cannot go out of status.)

3. Yes, if you go out of status you will not be granted a new I-20. (Before that occurs, you should depart

the U.S. and apply for a new I-20 from your home country.)

4. If you have not yet received your official notice of OPT denial, there appears no reason as to why you could not get a letter from the DSO of the new school where you have been accepted for an approved program of study and submit a new application for a new I-20 to obtain the F-1 visa.

Read more
Answered on 2/02/08, 12:16 pm


Related Questions & Answers

More Immigration Law questions and answers in Virginia