QUESTION
Proof to file the OPT motion to reopen the case?
Asked on Apr 26th, 2014 on Immigration - Massachusetts
More details to this question:
Hi. I'm an international student on F1 Visa. I applied for my pre completion OPT which got denied. The denial reason is that I'd been granted OPT before, and therefore not eligible for it anymore. I did apply for an OPT in 2011, which needed to be withdrawn. So I put a withdrawal application through my designated school official to the USCIS on 11th of July 2011, before the OPT got approved ( got the approval letter on 4th of August). I exchanged several emails with the DSO, regarding the filing of the withdrawal letter. We also received responses from the USCIS. Finally, on 7th Feb 2012, i was told that application is withdrawn. The only proof of withdrawal filing are the email exchanges I had with the DSO. So will that serve as a sufficient proof to initiate the motion?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You can initiate your motion to reopen the denial of your OPT based on the evidence that you now have along with your detailed statement of what occurred. If you are able to obtain confirmation from the DSO, that would be even better. It is difficult to say whether the motion will be granted, but you should certainly go forward in your situation assuming that everything is as you have related. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 30th, 2014 at 5:49 PM