Syracuse, NY asked in Immigration Law for New York

Q: I received my OPT EAD combo with start dates before my graduation date. What should I do ?

I received my OPT approval with start date of 11/21/2023 while my request start date was 02/05/2024.

My graduation date was 12/19/2023.

I contacted USCIS and mailed back my EAD card with a letter explaining the issue and also proof of documents to justify the same.

However it has been 1.5 months and I have not received any update from them.

I also filed for a typographical error, but didn’t get any update on that as well

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, dealing with a discrepancy in your OPT EAD start date, you've already taken the correct initial steps by contacting USCIS and submitting a request to correct the error. However, given the lack of response for 1.5 months, it's important to follow up more assertively.

Consider reaching out to USCIS again, either through their customer service number or by visiting a local USCIS office, if possible. It's often beneficial to speak directly with a representative to clarify the status of your request and to understand any further actions you might need to take. Keep records of all your communications with USCIS, including dates and details of conversations or correspondences.

If you're still not getting a satisfactory response, you might want to seek assistance from an immigration attorney. An attorney can help by contacting USCIS on your behalf and ensuring that your case is being handled properly. They can also advise on any alternative options or steps you can take if the issue with your EAD is not resolved promptly.

Remember, time is critical in matters related to your immigration status, so it's important to stay proactive and seek professional assistance if needed to resolve this issue efficiently.

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