Opt denied (i-20 older than 30 days)

[badymuka]

Posting behalf of my Friend..

One of My friend graduated in MSEE in Dec 2016.He applied for OPT but yesterday he got notification from USCIS that his application of I-765 was denied because his OPT was more than 30 days old by the time application reached to USCIS.

I have attached the Notice herewith to get more details.

DSO said they are unable to provide any new I20 as SEVIS is closed.and he don't have any option rather than going back to INDIA as he his out of status right away.

SO my question is "is there any way he can appeal the decision with any possible additional documentation to get his OPT?

Will any appeal make any difference in the decision by taken by USCIS?

Any other option to stay in USA ?

[inadmissible]

I can't read the text in your attachment

I assume you mean the DSO's endorsement on the I-20 was older than 30 days. In that case, USCIS was right to deny the Application for Employment Authorization

I assume 60 days has elapsed since he completed his degree. In that case, he is no longer in status

His options at this point would be to leave, continue to remain unlawfully present, or adjust his status to that of a permanent resident on the basis of a Alien Relative Petition filed by his US citizen wife

[upnorth85]

There is only one way to mitigate this. If you are a grad student and have not "graduated", if your adviser says that you have not completed your research work as expected, you can revert back to F1 status with valid I-20 and then reapply for OPT on a timely basis.