11 Dec 2015

I have been attending school and working based on authorization for pre-completion optional practical training (OPT). I will graduate at the end of this semester, earlier than planned, as I have no more class requirements after this term. …

... My pre-completion OPT, however, has been approved until the end of the next term. My DSO told me that my early graduation will result in a termination of my pre-completion OPT. Can I apply for post-completion OPT now? Answer Unfortunately, there is no easy way to...

20 Nov 2015

I initially entered the U.S. in F-2 dependent status. Because my spouse changed his F-1 to H1B, I also filed an application to change from F-2 to H-4 dependent status. …

... This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now,...

13 Nov 2015

I started my full-time study in H-4 status. At the beginning of my last semester, I applied for change of status from H-4 to F-1. My application is still pending, but I will finish my academic program in a few weeks. …

... I am concerned that I will not have my application for F-1 status approved prior the end of study so that I can apply for optional practical training (OPT). Is there anything I can do to expedite the decision on my application? Answer You should look...

23 Oct 2015

I have been working pursuant to the initial F-1 OPT authorization. I was unemployed during the first 85 days of OPT authorization, as I was still looking for an employer in my field of study. …

... Once I started working, I had two weeks of unpaid leave for health reasons. Would the two weeks I missed be counted against the maximum 90-day unemployment allowance? Answer The two-week period should not be added to your 85 days of unemployment, if you were still...

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...

09 Oct 2015

I have been attending a university in F-1 status. Because my program required that I complete an internship, I applied for and received authorization for Curricular Practical Training (CPT) in my fourth semester…

... that I am currently registered for. My DSO has recently informed me that, because I fell below the required full courseload, I am now out of status and have to apply for reinstatement. Will I be able to continue working on CPT while waiting...