Can FOIA response be used in place of lost I797 for OPT application?

Asked 4 months ago - Berkeley, CA

Lost my I-797A form and need to apply for OPT at the earliest. Can I file FOIA and use its response for filing of OPT?

Attorney answers (2)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . Multiple repeat questions on the same issue. No. Cannot. Again, talk to your school's DSO about this. Once you file FOIA will most likely obtain a copy of the missing Notice of Action. That's what you'll need to use. Not the FOIA filing receipt!

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Ashkan Yekrangi


    Contributor Level 17


    Lawyer agrees

    Answered . Although as the requestor, you can file a FOIA request, this may not be the best mechanism to achieve your goal. For example, a "lost" I-797A that never made it to the USCIS will not be available through FOIA because, as you stated, it was lost.

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