OPT Application Problems and Troubleshooting.

NOTE: The steps outlined in this post are an outcome of research on other websites such as USCIS.GOV and other immigration discussion sites. Some of the methods of contacting USCIS mentioned in this post are available on the USCIS.GOV.  These steps may not be in the correct order or may not be appropriate for your case. Please use your best judgement depending on your case. Please use the comments section to ask questions. Good Luck!

OPT Application Problems?

This has become a trend with USCIS and Applicants where, the application receipt is not received by the applicant within 10 days, the check is cashed by USCIS, or their application is pending for more than 90 days. What can be done? I have been trying to research on it and it all comes to basics.

Be Aggressive, don’t wait till the last minute, do it now, do it all.
Aggressive approach to obtain information starts with keeping documentation from confirmation receipts from USPS or UPS or FedEx, Bank Account Transaction of the check that was cashed by USCIS or the emails you wrote to USCIS or your international advisor.

Be prepared to re-apply. Keep the $350 or odd dollars ready.
If everything fails, do it again, just in time. Do not wait too long. This time make sure you keep a paper or electronic trail.

Be cool, be Open, Don’t get discouraged by the organizations or institutions. Life is hard in any country, it sucks, but it’s the way it is, you need to come out a winner.

Okay now, coming to actual steps you could take,

1. Email your advisor, and make him call USCIS and open a case.

If you advisor has good contacts with USCIS and is a friendly advisor who is ready to help take his/hers full advantage. Sit in his/her office till he can help you. They may already have experienced this problem with another student.

2. Email the USCIS Service centers. Remember; make a ‘copy’ of all the copies of

• US Postal Service/UPS/FedEx Confirmation Receipt
• Bank Transaction of your Check, if your check was cleared.
• Your OPT application (Extension or new)
• Any other information, such as email copies of communication between you and USCIS, Your International Advisor.

** Always CC (Carbon Copy) your International Advisor and yourself, when emailing any communication between USCIS and you.

USCIS Service Centers ( Text extracted from USCIS.GOV )

If you contacted the National Customer Service Center with a case-related inquiry and more than 30 days have passed and you have not received a response, you may email the appropriate USCIS Service Center with your inquiry:

California Service Center: csc-ncsc-followup@dhs.gov

Vermont Service Center: vsc.ncscfollowup@dhs.gov

Nebraska Service Center: ncscfollowup.nsc@dhs.gov

Texas Service Center: tsc.ncscfollowup@dhs.gov

If you do not receive a response within 21 days of contacting the Service Center, you may contact the USCIS Headquarters Office of Service Center Operations by email at SCOPSSCATA@dhs.gov.

3. Call the NCSC, see if they can help. ( Text extracted from USCIS.GOV )

Call the National Customer Service Center (NCSC) at 1-800-375-5283 if:

You believe you have submitted your application but: You did not receive a Confirmation Receipt Number Your case remains in the “Action Needed Status” on the My Forms screen, or You were charged for the fee (and have checked with your Credit Card merchant or banking institution to confirm) but have not received your Form I-797, Notice of Action, by mail within 10 days of filing your application.

4. Finally, bite the bullet and re-apply.

You have tried everything and no solution yet? Don’t give up! Not yet! Take a day’s break relax and go to your advisor and tell I want to re-apply. This time, make sure you do the following correctly

• Make sure your application is correctly filled out
• Take tracking/confirmation upon receipt from the shipping service.
• Keep an eye on the tracking. You should see a ‘delivered’ status from the shipping service. Print this out for your records.
• You should receive a receipt within 10 days from the date your application was received. If you don’t see it then make the necessary calls (Steps 1 through 3).

Lastly, remember that you have right to information. You can write a detailed message about your application and send it to the address below asking about the information on your case.

Freedom of Information

USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:

U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Fax: 816-350-5785
uscis.foia@dhs.gov

OPT Extension Options

So last year you filed for your H1 and it came back saying, “You’ve been approved”, but hey wait… in not so small writing is “We have denied your H1 because you never had your graduation certificate”. Well just dandy I say… Why do you even bother to tell me I was approved in the first place.

A year goes by with you as God (as all of us on OPT feel), and then it dawns on you that your OPT is expiring and you fall to a status a little less Godly. H1 time is around again and God forbid we (in Masters quota) fall prey to the lottery system. But it happened.

Our situation now is worse than being stuck between a rock and a hard place. In order to stick around we have to be picked in the lottery. Of course there are other ways to stick around (remember, the hardest part is making it to the US. After which you are in a state of perpetual bedlam bliss), but you are trying to get the smoothest, cheapest way out.

What ensues is short of a roller coaster ride (not circles, but highs and lows).

H1 applied for – Nail biting tension

H1 goes into lottery – Hair pulling tension

H1 selected – Rejoice!! Nothing can stop us now

Cap Gap – Just when I thought we were through

USCIS Interim Rule release – Yaaay!!! Party again

OPT Extension requires H1 Approval (not receipt) – Gloom again

E-verify done- Finally!!! 17 month extension obtained.

So what’s the final verdict? There are currently 2 ways to extend your OPT.

Method 1

Get your company to E-verify and then give this information to the school along with an OPT application fee of ~370$. Your OPT is now magically extended to 17 months and will get terminated when the COS of your H1 is applied.

Method 2

Get your H1 approval (via premium processing) and submit those documents to your school (read Intl Advisor) and they should be able to get you an extension up until October.

Hope this helped. Good luck.

“May the EAD be with you!”

- Author of blog.rameshbhaskar.com

OPT EXTENSION PROCEDURE

here is what I got from my lawyer.

1) For the automatic extension of OPT till Oct1st we have to make sure our applications that went through were on Change of Status. If not use the latest Notice Information (Click to go to USCIS.COM web page. (note H1b Approved Applicants will get this automatic extension till Oct1)

2) My lawyers office has started receiving Receipt Numbers for a few applications and she said that she is expecting it to start pouring in by May first week and by June 2nd week slow down and get over with by June mid-month. Though she also told me that few applications , very rarely are not evaluated and receipt number is sent in the month of aug-oct. So I hope we are not in this category.

3) I had been to UHCL, Andy Sale told me that , he now has an ICON on this screen(USCIS Log In for Intl Advisors) to issue I20s used for OPT Extension (17 Month)  and it doesn’t work now . He expects it to be functional soon but I doubt him because he said next Tuesday ( bloody hell) and that’s like another 4 working days. Will try and get an update on that this Friday again.

you have time till Dec right? or am I wrong, anyways, keep your application for 17-month extension ready , as soon as your Intl.Adv has the power to Issue an New I20 you can apply. By the way, my OPT expires on May 13th and I am behind this one!. See below for details of Application documents required.

Thats all for now, and hey check below for the List of Documents.

1. 2″ X 2″ Passport Size Picture- Walgreen’s – $8.58/-
2. Application I-765 (Click to open the Document) and Download Instructions to fill it out Click Here for Instructions)
3. EAD Photocopy ; front and back
4. I-94 Photocopy ; front and back
5. I-20 , issued within 30 days of application of I-765 ( Get a new one issued with a new starting and ending date of OPT)
6. Passport Demographic information ( All pages which has Addresses and Names and Other info)
7. Visa
8. Proof of Masters ; Masters Degree
9. Check for $ 340/- made to Department of Homeland Security

Applications for Extensions will be sent in the same fashion as we sent the OPT extension last year (remember we posted it ourselves after getting it verified from Intl Adv? )

Cheers!

-D

OPT Extension Confusion – !!!

USCIS announced on Friday ( when everybody was planning to take some time off and relax) the new OPT Rule which sounds very good and too good to be true. Yes, everybody who is on OPT and is going to face a GAP from the time OPT expires to the time when the H1 comes into effect will have an extension ‘Automatically’ applied to their OPT which means, he/she be living in status and be working peacefully till October 1st. ( This is for all F-1 Students, any major and remember-its automatic)

The rule (Click here for more info on OPT Extension Policy) also states that OPT, which was 12 months has been extended to 29 months ( 12 , default for all STEM Deg Students + 17 , Extension ) which means 17 months of extension is provided to all the F-1 Students with a STEM degree ( Click Here for more Info on STEM).

Now the question, how to avail this? Who can avail it? When can one apply for extension? USCIS has answers to these question and hopefully will release them ASAP. Another aspect to look at or look for is ” Who needs to apply for this extension? ” because the letter clearly states that all F-1 Students will get a extension of OPT till Oct 1 2008, which is what student is looking for. The 17 month Extension will be useful for students who were not able to apply for FY 2009, students who’s application did not make it through the selection process and others who were not granted H1s for any reason.

However, USCIS states that an extension can be filed 90 Days prior to the expiration of OPT.

- Once these answers are found and got from the correct sources, I will update this blog with utter clarity. Meanwhile please leave as many questions as possible.

Targetted Sources to answer these Questions:

1. USCIS Press Notes
2. International advisors from Universities
3. Immigration Lawyers.

-Db