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  • Expedite Request Declined: Any Advice?

    Hi Guys,

    I am new on this forum, so I hope I made this post to the correct section. Here is my case chronologically:

    Post-Completion OPT documents received: June 20th
    Official Job Offer Received: July 5th (Job Start Date: August 29th)
    Expedite Request (Reason: Financial Hardship): July 12th
    Expedite Request Declined for the following reason: July 13th
    "Recently, you or your representative contacted USCIS concerning your Form I-765, Application for Employment Authorization, to request expedited processing of your case. USCIS has reviewed your request for expedited processing of your Form I-765 based on severe financial loss.
    The primary goal of Curricular Practical Training (CPT), pre-completion Optional Practical Training (pre-OPT), and post-completion Optional Practical Training (post-OPT) is for the students to gain practical experience in their field of study, not to earn money for living expenses or to fund their studies.
    It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS's severe financial loss expedite criteria."

    Now, job offer came from a non-profit state college and there are already 100s of students registered for the classes I am supposed to start teaching on August 29th. Their logic in declining my expedite request makes absolutely no sense whatsoever. The only reason I could maintain my F1 status here has been through working for my current college as a TA. That is about to end as I am about to defend my dissertation and complete my degree. How do they expect an international student to maintain status post-completion of degree without a job??? Do you think they came up with this ridiculous excuse to decline my request because it is too early in my application? How do you think I should proceed?? This is Potomac center by the way.

    Cheers

  • #2
    Originally posted by necaticelik View Post
    Hi Guys,

    I am new on this forum, so I hope I made this post to the correct section. Here is my case chronologically:

    Post-Completion OPT documents received: June 20th
    Official Job Offer Received: July 5th (Job Start Date: August 29th)
    Expedite Request (Reason: Financial Hardship): July 12th
    Expedite Request Declined for the following reason: July 13th
    "Recently, you or your representative contacted USCIS concerning your Form I-765, Application for Employment Authorization, to request expedited processing of your case. USCIS has reviewed your request for expedited processing of your Form I-765 based on severe financial loss.
    The primary goal of Curricular Practical Training (CPT), pre-completion Optional Practical Training (pre-OPT), and post-completion Optional Practical Training (post-OPT) is for the students to gain practical experience in their field of study, not to earn money for living expenses or to fund their studies.
    It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS's severe financial loss expedite criteria."

    Now, job offer came from a non-profit state college and there are already 100s of students registered for the classes I am supposed to start teaching on August 29th. Their logic in declining my expedite request makes absolutely no sense whatsoever. The only reason I could maintain my F1 status here has been through working for my current college as a TA. That is about to end as I am about to defend my dissertation and complete my degree. How do they expect an international student to maintain status post-completion of degree without a job??? Do you think they came up with this ridiculous excuse to decline my request because it is too early in my application? How do you think I should proceed?? This is Potomac center by the way.

    Cheers
    Technically u suppose to leave the country after completing ur degree. USCIS gives u the option to apply for opt before u graduate. u just have to wait 3 months to receive opt. it is ridiculous! do uscis expect student to receive financial support from their love one forever? it stupid, but that is rule....minimum wait in 75 days max 90

    Comment


    • #3
      As an F1, you are suppose to be able to support yourself and pay for school with your funds without working. That's why the expedite for financial hardship was denied. The denial was not ridiculous. It makes perfect sense when you are required to be able to afford your costs of an education in the US.

      Comment


      • #4
        Originally posted by VNK View Post
        As an F1, you are suppose to be able to support yourself and pay for school with your funds without working. That's why the expedite for financial hardship was denied. The denial was not ridiculous. It makes perfect sense when you are required to be able to afford your costs of an education in the US.
        Is it true that if your F1 expedite request gets denied then your case will be put to bottom or is that just a rumor I've been hearing?

        Comment


        • #5
          Originally posted by necaticelik View Post
          Hi Guys,

          I am new on this forum, so I hope I made this post to the correct section. Here is my case chronologically:

          Post-Completion OPT documents received: June 20th
          Official Job Offer Received: July 5th (Job Start Date: August 29th)
          Expedite Request (Reason: Financial Hardship): July 12th
          Expedite Request Declined for the following reason: July 13th
          "Recently, you or your representative contacted USCIS concerning your Form I-765, Application for Employment Authorization, to request expedited processing of your case. USCIS has reviewed your request for expedited processing of your Form I-765 based on severe financial loss.
          The primary goal of Curricular Practical Training (CPT), pre-completion Optional Practical Training (pre-OPT), and post-completion Optional Practical Training (post-OPT) is for the students to gain practical experience in their field of study, not to earn money for living expenses or to fund their studies.
          It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS's severe financial loss expedite criteria."

          Now, job offer came from a non-profit state college and there are already 100s of students registered for the classes I am supposed to start teaching on August 29th. Their logic in declining my expedite request makes absolutely no sense whatsoever. The only reason I could maintain my F1 status here has been through working for my current college as a TA. That is about to end as I am about to defend my dissertation and complete my degree. How do they expect an international student to maintain status post-completion of degree without a job??? Do you think they came up with this ridiculous excuse to decline my request because it is too early in my application? How do you think I should proceed?? This is Potomac center by the way.

          Cheers
          Wait, what are you actually saying?
          Do you have the OPT as of right now or did you just send the paperwork in?

          I was going to try to expedite mine next week. It expires in July and I have a job, have been working since I got it last year.

          Now I'm scared to go to my infopass appt.
          Here is my timeline - F1 to AOS - Marriage based
          MSC and Memphis office for interview.
          1-10 sent package
          1-13 package at Po box
          1-18 texts/e-mails
          1-22 check cashed
          1-22 got NOA1 in the mail
          1-26 biometrics letter
          2-6 courtesy letter
          2-09 biometrics appt
          5-31 Infopass - expedite EAD w/ letter from employer
          6-11 Your card is being produced
          6-14 card mailed
          6-16 card in hand
          7-19 interview scheduled text message

          Comment


          • #6
            Nothing Ridiculous

            Theres absolutely nothing ridiculous about the denial reason. It?s perfectly logical based on current law (granted I do agree that the law is illogical) Try expediting again with a different reason. Also, you don?t need to have a new visa exactly on the day you graduate ? you have upto 180 days after graduation before you trigger any serious penalties for overstaying and your EAD will probably have arrived within 60 days of the original application date. Relax. You?re fine. You already have your OPT which is the main thing and you have a job and your application is pending and will more than likely come through soon.

            Comment

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