Reversing USCIS's Denial on an Untimely OPT via I-290B Filing
October 31, 2023

Table of ContenTS

The Law Offices of Sabrina Li has successfully helped another client, and we are excited to share the details of their case with you.

Our client, an F-1 student, missed the 30-day window to file the Form I-765 for Optional Practical Training (OPT), and the USCIS denied her application due to untimely filing. After receiving the denial, the client approached The Law Offices of Sabrina Li to assist with her case.

The client was especially concerned regarding the rapidly approaching deadline to respond to the denial notice. Moreover, having recently completed her master’s program and receiving a job-offer, she was eagerly awaiting the approval of her work authorization.

Our knowledgeable team assisted the client by invoking the Nunc Pro Tunc principle to justify the late filing. In crafting a detailed affidavit, we outlined all the circumstances beyond her control that led to the delay and provided thorough guidance on collecting and presenting relevant supporting documentation throughout the case filing process.

In under two weeks, The Law Offices of Sabrina Li filed an I-290B Motion to Reopen. Subsequently, USCIS approved the Motion to Reopen and Form I-765 less than three weeks after filing.

The I-290B form is utilized to initiate an appeal or motion in response to a denial or an unfavorable decision on an immigration application. Though the form serves both purposes, an appeal and a motion to reconsider or reopen are distinct processes. A motion to reopen must state new facts and must be supported by documentary evidence demonstrating eligibility for the required immigration benefit at the time you filed the application or petition. A motion to reconsider must demonstrate that the decision was based on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the case record at the time of the decision. The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of USCIS policy.

At the Law Offices of Sabrina Li, we're here to help you figure out the best course of action for your unique situation. Reach out to us, and let's explore your options together. Your dream might still be within reach! Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

Need Assistance?

Request A Consultation Today

Contact Us

Holistic Approach

Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

Personalized Attention

We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.

Passion and Commitment

Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.