OPT Denial - I290 B discussion

So here is what happened.

  • 03/25/2022: My OPT application (I-797) was approved for a bachelor’s degree. EAD card was sent and authorized for dates 06/15/2022 and 06/14/2023.
  • 06/02/22: Instead of graduating, I left and my SEVIS was terminated, resulting in me losing my F-1 status. As a reason, I never ended up graduating from that University.
  • 08/22/2023: I entered the USA on an Initial I-20 from a different University with a new SEVIS and enrolled as a transferred student since my credits were transferred.
  • 12/06/2023: I applied for OPT again, since I never used the previous OPT and my F-1 status was terminated before the start date of the previous EAD.
  • 02/05/2024: This time, the OPT request was denied, indicating that the OPT request was given for the same level of education (Bachelors).

Is there a way we can petition for this? I know that I applied for OPT again for the same degree level, however, my previous F-1 status was terminated even before my OPT could start, so I should still get my 12 months since I never even got a chance to use even one day from it, and I never graduated from my previous university either, right?
P.S.: I also sent my EAD card back to USCIS but never heard back from them regarding the cancellation of OPT.

Also, while my petition is pending, can I leave the US? I was thinking if it gets approved I will come back on OPT since I don’t want to acquire unlawful presence.