URGENT help needed with OPT cancellation and reapplication!!

[nirajkudalkar]

Hello

I filed for my OPT but due to academic requirements I wasnt allowed to graduate in December 2008. I graduate in May 2009 now. The question I have is can I reapply for the OPT on graduation in May 2009 considering I have an OPT already approved to start in January 2009. I had asked for withdrawal for my OPT but I got a notice from the USCIS that it cannot be REVOKED OR REINSTATED. So under the general assumption I can yet get my old OPT back i believe..as per the wordings of the letter..What would be the best way to go about it since the International Student Officers at my university are not cooperative.to an extent I feel they are IGNORANT!!

I desperately seek some advise.

[kabkaba]

You already have OPT, you can work on that but you cannot get fresh 1 year after completion of program. Also, while you are in school you can only work part time (max 20 hours per week) and only in your field of study.

[nirajkudalkar]

@Kabkaba: Since I cannot reapply for a new OPT the old one does stand valid as per your reply.Am i entitled to get back the EAD card that I had to send back to the USCIS as per my university's instructions? What would be the best way to obtain the EAD card back?-- My DSO tells me they cannot get it back but the USCIS says they are in possession of the card. Please advise me..

Thanks in advance
Niraj

[kabkaba]

You should not have sent it in the first place, but it is too late for that anyway. Stupid ppl at the univ I guess.
Study the code of federal regulations CFR from USCIS website, find the clause that applies to you and read it out to your school's DSO. Then apply to USCIS for replacement card on appropriate form and write a plain paper letter explaining your situation. Also quote that CFR clause in your letter to USCIS. I am pretty sure there is such a clause, but don't remember the number offhand.

If you feel all this is too much for you, seek attorney's help.