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Question

My OPT got denied for the reason “Your form I-765 was receipted by USCIS on June 12, 2019 and the DSO entered your recommendation for OPT into your SEVIS record was April 11, 2019. You have failed to submit form I-765 within 30 days of the date the DSO entered the recommendation for OPT into your SEVIS record.” The denial notice is dated September 16, 2019 and at the end of the denial notice, they say “USCIS regulations do not provide for an appeal to this decision. However, you may file a motion to reopen or reconsider an adverse decision. A motion must be filed using I-290B. Notice of appeal or Motion, Form I-290B must be filed within 30 days from the date of this notice.” I’ve a valid TPS till March 2020. I’ve an approved I-140 and my employer will be initiating my I-485 processing soon (priority date is current for my country). As my I-485 will be processed soon, whether should I file a motion and if there is a way to succeed with the motion?What exact documents do you recommend I present in the motion other than obviously the Form I-290B they requested?Do I still need to submit all documents that I sent for initial I-765 application?

User's Location: Santa Clara, Alabama, United States of America

Category: Employment-based Green Card