My OPT was denied because of the 30 days rule.
This is what happened:
- DSO issued my I20 on Nov 11th, 2015. I filled the OPT and sent to USCIS, arriving Nov 30th
- Weeks later USCIS sent me an envelope telling that the I-765 was not signed. They insisted me to resend the application correcting that (CHECK). They sent me a blue color letter with the documents and asking me to place it on the top of the application when resending the case.
-I thought that by seeing the blue color letter on the top of an application they would consider the case as an "old application", and I send back the same application with a new check with the I-765 signed.
Now, after waiting 4 months for their resolution it is denied and I'm out of the grace period so I'm not eligible to apply again and I should leave the country.
They also mentioned that there is no appeal to this decision.
Unfortunately your I-765 was not considered properly filed until accepted by the USCIS, and they do not accept applications that are not signed (you can find this in bold on the bottom of page 10 of the I-765 instructions).
The first things they look at when they receive an application is the signature and the filing fee - if one or both of them is deficient they don't look any further. As a matter of procedure they send you a letter advising you that you may correct the problem and re-submit the application, however at that time they do not consider what your application is for.
As you know, in your situation you must file your I-765 within 30 days of the I-20 being issued. When you sent your corrected application it was considered the first filing (since the first application was not accepted), and it was done outside of the 30 day window. Due to processing times you had no opportunity to correct the deficiency within the 30 days period.
Unfortunately its unlikely there is any recourse for you at this point since there is no legal problem with their decision - failing to sign the document is an oversight on your part.
Having said that, you may have other options! First, keep in mind that you don't want to be out of status for more than 180 days or else you will be unable to re-enter the U.S. for 3 years. Second, contact an immigration attorney for a consultation on possible visa options available to you. Good luck.
The government correctly denied your OPT. Schedule a consultation with an experienced immigration attorney. Please see https://www.avvo.com/legal-guides/ugc/how-to-select-an-immigration-attorney
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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