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F1 OPT Denied due to DSO mistake, not the petitioner. I have the right to Motion, What do I do? Please, help.
Anonymous8 views3 answers
As an F1 Student, when my program was completed (Bachelors) I applied to my OPT (Wok authorization for post-completition of studies work) a month before graduation. I filed my papers after reviewing everything with my DSO (Designated school officer) and now, 60 days after I graduated and exactly 90 days after filling my work authorization for OPT, It was denied because my i-765 form was filed 30 days BEFORE my DSO requested a new SEVIS number for me, meaning, he send his papers late. As an international students I understand to ahve certain rights, including to use my OPT, but how do I motion it and explain that it was something out fo my control? that I did absolutely everything right and that a school officer did something wrong and now my right has been taken away? What do I do?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
The only way out of this is convincing the DSO who requested the new SEVIS late and caused the denial of your Form I-765 application to come forward and agree to attach a personal declaration signed under penalty of perjury admitting to his error. That way a Motion to Reopen you'll file will have a decent chance of reconsideration and approval. Otherwise not, since USCIS will simply refuse to believe the error on the DSO's part.
Hello:
It is unlikely USCIS will believe that the DSO filed it late. However, you could try to do a Motion to Reopen with a signed declaration from the DSO admitting to this mistake.
