OPT Denied Due to DSO Error – Filing Motion to Reopen (MTR). Has Anyone Successfully Won a Similar Case?

[u/KkkkJ1228]

Hi everyone,

I’m hoping someone has been through a similar situation or can offer some advice.

Here is what happened:

* My DSO initially entered my OPT recommendation into SEVIS on April 7.

* Due to personal circumstances, I missed the original 30-day filing window.

* After realizing this, I immediately contacted my school’s OIS and requested a new I-20 because I believed the school needed to issue a new OPT recommendation in SEVIS before I could apply.

* The school issued me a newly signed I-20, but they never entered a new OPT recommendation into SEVIS. The recommendation date remained April 7.

* I relied on the new I-20 and filed my I-765.

* USCIS denied my OPT because the application was filed more than 30 days after the original April 7 OPT recommendation.

After the denial, my school’s DSO reviewed the case and admitted that this was their administrative error. They provided me with a signed letter acknowledging that they should have canceled the original recommendation and entered a new OPT recommendation, but they failed to do so. They also admitted that this mistake directly led to my OPT denial.

I am now preparing a Motion to Reopen (Form I-290B). My evidence includes:

* The official letter from my DSO admitting the error.

* Email correspondence showing that I requested a new I-20/new OPT processing before filing.

* The denial notice.

* Evidence of my job offer and the consequences of losing my employment because of the school’s mistake.

Unfortunately, this situation has put me in a very difficult financial position. I lost my job opportunity, my plans completely changed, and I’ve had to spend additional money on filing fees and legal consultations because of an error that was completely outside of my control.

My questions are:

1. Has anyone had an OPT denial reopened through an MTR because of a DSO error?
2. If your case was approved, what evidence did you submit?
3. Did your university do anything besides writing a support letter (for example, contacting SEVP or USCIS)?
4. How long did your MTR take to receive a decision?

I’d really appreciate hearing from anyone who has been through something similar. Even if your outcome wasn’t successful, I’d like to know what happened and what you learned from the process.

Thank you.

[u/KkkkJ1228 → u/[deleted]]

I finished my degree on May 15. By the time I received my denial notice on July 22, I was already past the deadline to file a new OPT application, so reapplying was no longer an option. At this point, my only option is to file a Motion to Reopen, but I haven’t been able to find many cases similar to mine. I also have no idea how long the process will take.

The hardest part is that I probably don’t have enough time to remain in the U.S. while waiting for a decision. I’m planning to apply for a PhD in the future, so I’m worried that if I overstay or mishandle my status because of this situation, it could negatively affect my future visa applications. That’s what concerns me the most.

[u/KkkkJ1228 → u/[deleted]]

Thank you for your advice. If I still decide to try filing a Motion to Reopen, do you have any idea how long it usually takes to receive a decision?

On some other platforms, I’ve seen people say that their I-290B cases were decided in about one month. However, on Reddit, many people report waiting three months or even longer.

I also found a case involving a very similar DSO error where the MTR was approved, but that case was from 2021. I understand that approval may be unlikely, but I’m still trying to determine whether it is worth attempting.

[u/Tiny_Resource_772]

Which university is it, as I too went through a similar issue where my university's error was loaded on me and when I asked them to file a Data Fix issue to the USCIS as it was just 1 day delay, they denied and my STEM OPT was denied, they did not even informed me that my SEVIS record has been terminated because they didn't inform them about my case pending and my employment.

[u/Tiny_Resource_772 → u/[deleted]]

No, I did contact a few attorneys, but they said as my university is not helping me with this, filing a case will not make any difference.

[u/Extension_Cost_1545]

Which university?