Legal Question in Immigration Law in Virginia

OPT / I-765 Applied still pending

I applied for I-765 on 10/19/07 as a part of my education (i.e. OPT). Now it is more than 3 months, till now I didn�t received any response from them except one conformation notice which saying that they received my application on 10/22/2006.I completed my MS on 12/12/2007.My case status on USCIS website still shows that ''Current Status: Case received and pending''. I here�d that USCIS has to give confirmation within 90 days after applying for I-765.Is am still in status or not? If yes when do I go out of status? Is there any possibility to deny application without notice? Is it good to wait for notice? Or is there anything else I have to do, What is my status meanwhile?


Asked on 2/02/08, 4:17 pm

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

Re: OPT / I-765 Applied still pending

Yes, if you still have a case pending with USCIS, you are apparently still in status.

You go out of status 60 days after receiving your OPT connected EAD denial. If somehow you were denied without proper notice, this would be grounds for you to move to reopen or

to have the matter reconsidered.

Yes, you must wait for your official notice regarding your application but should probably check the status of your application again within a couple of months if you haven't received anything.

Read more
Answered on 2/03/08, 7:12 am


Related Questions & Answers

More Immigration Law questions and answers in Virginia