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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.


    • #3

      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.


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