An international student on an F-1 Visa has reported a serious issue with their OPT application. The student received a Notice of Intent to Deny. This has created uncertainty around their employment plans and legal status.
The issue is linked to confusion over the student’s degree level. Such cases often arise when a USCIS officer is unfamiliar with a specific academic programme. This can lead to delays or additional scrutiny during the review process.
The student responded to the notice in early March. They submitted a letter from their programme director to clarify the details. Despite this, no decision has been received so far, even after opting for Premium Processing.
The delay has raised concerns about timelines. The student fears that the process may take several more months. This could put their job offer at risk and affect their immediate career plans.
As a result, the student is considering withdrawing the current application. They are planning to refile with all supporting documents included again. This step is often taken to correct issues or improve clarity.
Experts caution that withdrawal does not guarantee approval. If any fraudulent activity is found, the case may still be denied. The TEXPERTS, INC case established that withdrawn applications can continue to be reviewed.
However, in cases without fraud, refiling can help resolve technical or documentation issues. It may improve clarity for officials reviewing the application. This approach can sometimes lead to a better outcome.
The student has been advised to consult their Designated School Official. Seeking guidance from an immigration attorney is also recommended. Professional advice can help manage the situation and reduce further risks.
