I have applied for I765 twice (once 1 month before OPT expiration and other 3 days after OPT expired) for STEM Extension which was denied by USCIS on the grounds of delay.
First, it was rejected saying incorrect payment methods or payment not provided.
My bank has some issues with my account during that time (had to move out money due to fraudulent activity) and hence USCIS was not able to deduct the amount. I was told by USCIS official over the phone to wait for the mailed Notice and thereafter take appropriate steps mentioned in the notice which I received 3 days after my OPT period expired.
Second, I resubmitted the application again and was rejected saying my application was received after the end date of my OPT, what should I do in this case? USCIS stated that I can file I-290b with an option to reopen/reconsider the c-ase. I'm planning to do the same with the help of an attorney.
Does I-290b MTR allow an individual to stay in the country until the decision is taken ?
Opt end date : June 11, 2018
Applied first application : May 16, 2018
Applied second application : June 15, 2018
Yes, you can stay in the US while the Motion is pending but you must be aware of the 180 days after which you accrue unlawful presence. Actually, you should have filed a Motion after the first denial and that may be the ultimate decision by CIS.
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