URGENT: USCIS Messed Up. Advice?

#1
I completed my 2 year vocational Ad school program (April 2009 to March 2011), and spent the following couple of months waiting for my OPT (applied in Feb) and M1 visa extension.

I received the extension until Sept 12, and was expecting my OPT until the same date. But when I did finally get it (in May), I noticed that they had given me only 45 days (expired on July 4th) of OPT time. I proceeded to call the customer service number and report the error - since I was eligible for 6 months of OPT. They offered to do an expedited review.

A few weeks later I received a letter from USCIS stating that I was indeed "only eligible for 45 days, since I had arrived in October 2010" which was untrue. However, I realized the problem. When I first came in to the US to study, the US Embassy in Kuwait had given me an F1 visa instead of an M1 visa by mistake, and although I had gotten it changed when I went back home, my first date of entry on the new visa was indeed October 2010.

I set up another expedited review with USCIS customer service, explained the situation, and overnighted a whole host of documents (old I20, letter from school, proof that I've been here for 2 years etc.) to the service center. A few weeks later, I got another letter saying that it was reviewed and once again rejected for the same reason!

I don't understand why this happened, and I don't know what to do. My M1 expires on Sept 12, which means I have to leave the US by October 12. I have no desire to leave, and am wondering if there's any way by which I can highlight this USCIS error and get the situation rectified and get the remainder of the OPT period I'm eligible for.

Given the nature of the advertising industry, it's next to impossible to get a full-time job (with H1B potential) without first freelancing at the agency, and although I've gotten numerous offers to freelance, I can't get take them up if I don't have my OPT!

What can/do I do?

Any advice/help will be much appreciated!
 

BigJoe5

Registered Users (C)
#2
I completed my 2 year vocational Ad school program (April 2009 to March 2011), and spent the following couple of months waiting for my OPT (applied in Feb) and M1 visa extension.

I received the extension until Sept 12, and was expecting my OPT until the same date. But when I did finally get it (in May), I noticed that they had given me only 45 days (expired on July 4th) of OPT time. I proceeded to call the customer service number and report the error - since I was eligible for 6 months of OPT. They offered to do an expedited review.

A few weeks later I received a letter from USCIS stating that I was indeed "only eligible for 45 days, since I had arrived in October 2010" which was untrue. However, I realized the problem. When I first came in to the US to study, the US Embassy in Kuwait had given me an F1 visa instead of an M1 visa by mistake, and although I had gotten it changed when I went back home, my first date of entry on the new visa was indeed October 2010.

I set up another expedited review with USCIS customer service, explained the situation, and overnighted a whole host of documents (old I20, letter from school, proof that I've been here for 2 years etc.) to the service center. A few weeks later, I got another letter saying that it was reviewed and once again rejected for the same reason!

I don't understand why this happened, and I don't know what to do. My M1 expires on Sept 12, which means I have to leave the US by October 12. I have no desire to leave, and am wondering if there's any way by which I can highlight this USCIS error and get the situation rectified and get the remainder of the OPT period I'm eligible for.

Given the nature of the advertising industry, it's next to impossible to get a full-time job (with H1B potential) without first freelancing at the agency, and although I've gotten numerous offers to freelance, I can't get take them up if I don't have my OPT!

What can/do I do?

Any advice/help will be much appreciated!
Please post the USCIS write-up from the denial (or if you can redact your personal information and scan and post the denial) so that you may get correct input.
 
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