I was a legal F1 student here in the states since 2016 pursuing a BSN. I graduated in Aug 15, 2020 and applied for OPT to hopefully be able to start working at my new job as a nurse. My hospital agrees to help sponsor me for an immigrant work visa, but I know the process takes a while to process, so naturally OPT was what I had in mind, like most F1 students. I applied for OPT within the 60 day grace period after my graduation, but due to some unfortunate error on my part, I mailed the application to an incorrect mailing address instead of the PO Box of USCIS. I had no idea that my application was never received by USCIS all throughout the 2 month wait. I took no action regarding potentially resending my application because I asked my designated school officer (DSO) about my case status and she said it was ‘pending’, which led me to think that everything was sent correctly and thus unknowingly letting my status approach the expiration date without extending it. On the day before the end of my 60 grade period, my employer asked about my OPT updates, and that was when I asked my DSO once again to check my status. At this time, she said my SEVIS portal shows the application was actually still being ‘requested’. We worked to promptly mail another copy of my application on that very same day using USPS express priority mail to have it delivered following morning. I then waited to hear back, but 3 weeks had gone by and nothing came, I called USCIS on November 6 and found out my application ended up being denied. USCIS didn’t review my application until November 5, which meant that I have a total of over 3 weeks of unlawful presence. My DSO recommended that I filed a I539 for reinstatement of status because a pending I539 means that I can remain in the US. My end goal here is that I would ideally want to remain in the US until my PERM I140 goes through to be able to work legally. What should I do?
I apologize for the long post. I’m very overwhelmed and need some guidance. Thank you all so much for reading!
I apologize for the long post. I’m very overwhelmed and need some guidance. Thank you all so much for reading!