on dec 14 I apply for I 765 after completion of study . I was receive a deniel on March 2 on my opt and the reason stating that I m no longer on F1 status . I call dso and dso confess her mistake and also try to correct sevis record, expedite case but it's denied as well. Uscis give me one option to file 290 b with in 33 days, which I did before time.. On April 4 I receive i797 notice of action on 290b . I call homeland security and uscis about my case ..discuss what are my option . I submit my 290b with evidence of dso apology letter and statement that things are beyond my control and its only his mistake . I call uscis 1800 and I spoke with higher authority , he said you will get your result in 60 days.. I call after week I spoke with Another higher authority person which seated in 1800 office .. She reply same and gave me exact days . My question is how my 290b approve without f1 status or why uscis ask me to file 290b if I don't have F1 status ? Does i290b approve on Trivedi Hospitality LLC - stay ? What are my other option ? If I apply for reinstatement and ask school to issue new i20 for purpose to reinstate my opt .. HowI get my F1 status back ? How long I 290b will take ?
As you will unfortunately most likely discover, any "I-290B" "MTR" filed with USCIS in such instances is totally useless, a pure exercise in futility, false hope, delay and unnecessary waste of money. Force the school to take immediate affirmative action to "reinstate" your student status with USCIS. Nothing short of that will yield any results.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I am sorry you are in this dilemma. It is unclear what mistake your DSO made although he apparently admitted to you some type of mistake. The I290B will most likely not cure your lack of F1 status as that is normally done through a request for reinstatement. I have not seen the CIS make a sua sponte action of their own after receipt of MTR for an I765 to reinstate a student when the DSO admits error. True motion you have made concerns the OPT EAD, not your F1 status. However I have received CIS approval for F1 reinstatement in such instance. It could be worth your while to seek reinstatement with the support of the DSO and with the help of an immigration attorney. (Perhaps seeking legal advice would have helped you make this decision sooner.) At least reinstatement will put you back in status but it may not give you option for OPT as that has limited statutory parameters for filing dates. Seek a private consult with attorney who has had success with student reinstatements anf also to learn your other options.
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