Actual delivery date vs. Received date [OPT submission-immigration]
I mailed out my OPT STEM Extension application on 07/11/2016 via USPS Priority 2 days Certified mail. The mail was stuck in USPS for two solid days. Online tracking shows it was "available for pickup" 07/15 Friday night, and was delivered 07/16 Saturday Morning.
I received Email/text notice of acceptance from USCIS on 07/20/2013 Wednesday. I am still not able to track online so I don't know which date would be used as the received date yet, but I feel like the mail was open on 07/18 Monday, and big chance 07/18 would be my received date. If so, I missed the deadline(07/17)by one day.
My question is, what is the chance of me being denied because of this? Would the deadline be extended to the following Monday since the deadline actually falls on Sunday? Can I use USPS two days delay as a defense in case that I need appeal in the future?
I think I am in a bit trouble. Please help. Thank you very much.
3 attorney answers
You may be, depending on which date they decide to chose.Make sure you keep a copy of the notice staing t was delivered on the 16th, sometimes you can argue that it was delivered on time showing the USPS receipt.
If you are, as you think, are in a bit of trouble, such case must be immediately presented for a precise legal analysis to the counsel of record at once.
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