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OPT denied because I did not file form i-765 within 30 days of the DSO approval

Des Plaines, IL |

f-1 student
My studies ended Dec 15, 2013,
DSO entered recomendation on Nov 22, 2013, USCIS received I-765 38 days later
At this point I am past 60 days grace period.
I have an option to file i-290B -Notice of Appeal of Motion within 30 days of Notice of denial
I have received the Notice on Mar 26, 2014
1.Am I out of status at this point? When is the last day of my legal status?
2.What are chances to get status back through i290B? is it worth trying
3. If I do file i290B, can I stay in country ?

Thank you! I would appreciate your help

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Attorney answers 1


Its a little complex issue. If the denial specifically states that you are out of status, then you are - from date of denial. If denial does not so states, then first step is to check with DSO if SEVIS is still active and not in completed/terminated status. Discuss your options of getting a new I-20 weather with the same or different school. Most likely SEVP is going to cancel the SEVIS and reinstatement will be the only recourse left. MTR on OPT denial is a long shot, but it is definitely possible. The strategy must be carefully worked out - and timeline is really important in this matter. Good luck.