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OPT Denied Due to School Error, Filing 290B & Maintaining Status

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  • OPT Denied Due to School Error, Filing 290B & Maintaining Status

    (This post is from my classmate)

    My school in San Diego has made a clear error in advising me the wrong filing amounts during their (paid and mandatory) OPT Consultation process.
    The I-765 application got rejected twice, and each time same amounts will be sent in. The third time, it got denied due to not adhering to the 30-days from DSO recommendation.
    Luckily, school has admitted wrongdoing and they wrote a sworn statement that it was their mistake. I filed the I290-B.

    Here is the concern:

    I know that while the I-290B is pending, I do not gain any immigration status. I finished my undergrad, and my sevis records show ''completed'', not ''terminated''. After my OPT I wanted to enroll in the graduate program, but I think it might be wiser to do now. School is refusing to let me apply, because I am out of status? Now, my question is; what are the remedies for me to obtain and maintain legal status? I know reinstatement is not really an option as my status shows completed, not terminated in SEVIS. I did call with CBP yesterday and asked about Automation Revalidation as my visa is expired. They told me that I can re-enter, even as an initial student with a new I-20 record ID. Can you guys please share your experience with me? I am considering this last step and going to Mexico to re-enter. Or should I wait for the MTR decision?
    Marriage Based/ Same Sex/ The Netherlands/F-1 Student/Married to a U.S. Citizen
    Field Office: San Diego, CA

    Filed Concurrently
    Filing Date 9/20/2019
    CC Charged: 9/26/2019
    Biometrics Completed: 10/7/2019
    Expedite Request: 10/31/2019
    Case is ready to be scheduled for interview 11/14/2019
    Expedite Approved: 11/22/2019
    I-765/I-131 Approved: 12/2/2019
    EAD Combo Card Card in hand: 12/7/2019
    Interview Cancelled (w/o interview notice?): 6/18/2020
    Case is ready to be scheduled for interview: 6/18/2020
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