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OPT Application Rejected - Ran out of days

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  • OPT Application Rejected - Ran out of days

    Greetings community,
    My name is Juan and I come from Brazil.
    I have gotten my bachelor's degree in business and I graduated on May 9th. I have sent my application for OPT on June 26th and I got a response on July 2nd that they received. Unfortunately today 07/24/2020 I got a notification from USCIS that says "due to insufficient funds my application was rejected". I just ran out of the 60 day grace period to apply for OPT. The issue is that I did have money for my application and my financial institution said that I did not have enough funds to pay for the fee even though I do.
    I wonder if I can reapply even though my 60 day grace period is over or if there’s anyone I should talk to about my bank’s mistake.
    To whom should I talk, what should I do, how can I appeal this case, how can I reapply, how can we fix this situation.
    Please, anything would be of huge help!!!


    Thanks a lot, community!
    Please reach me out

  • #2
    Rules surrounding OPT are clear and strict.
    After course completion:
    You have 60 days from that date to apply for OPT (USCIS must receive the application / receipt).
    If OPT is denied within the 60 days, then you can re-apply.

    If OPT is denied after the 60 days (your case), then you lose the benefit
    Unfortunately, you lost the chance and are now accruing illegal presence.
    You can appeal a decision (I-290B) but this process is expensive ($700+) and risky in your case (USCIS will not reconsider due to issues with the bank / insufficient funds / etc. )

    Since you are already in the US, I would recommend that you talk to the same university & apply for another course right away.
    Then leave the country within 10 days and wait in Brazil till they process your application & send you the new I-20
    You can then use the same F1 visa sticker (if valid on your passport) to re-enter* the US and start that course (assuming no country ban due to covid)
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      R78

      Are you sure if we dont have to get a new f1 visa? I am in a similar situation. I was planning to go for phd in spring 2021 in the same college. Also do you know how long it takes to issue a new i20.

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      • #4
        Don't give up. There are lots of other options

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        • #5


          Hi,

          I was in the same situation and I waited in the USA for 5 months after filing for MTR - Motion to Reconsider case. Will I be accruing illegal presence and will it affect my future since I am applying for a second F1 visa?
          Any advice would be much appreciated.

          Thank you

          Comment


          • #6
            An F-1 student can typically apply for OPT, 90 days before and 60 days after the completion of his course of study. In case you are denied for OPT in this period, then you can use your full 60 days grace period after the completion of your program to apply again.

            Last edited by Gordon73; 07-27-2021, 12:08 AM.

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