24 Jun 2016

Several years ago, I obtained a master’s degree in electrical engineering in the U.S. and worked on optional practical training (OPT) for one year based on that degree. I left the U.S. after completing my OPT and came back …

... after one year to obtain another master's degree in computer science. My classmate told me that I could apply for another 12-month period of OPT because my absence from the U.S. for five months or more between the two programs has restarted the clock...

13 Jun 2016

I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?

Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

27 May 2016

I own a small company that is currently employing several F-1 students on initial OPT. One of our F-1 employee’s OPT will be expiring next month and we would like to extend it, based on his STEM degree. What do we need to do to initiate this process?

Answer An employer and a sponsored student employee should prepare and complete the I-983 form, which describes the student's training plan in a field directly related to his/her STEM degree, and which contains specific attestations regarding the employer's understanding of and adherence to the STEM OPT...

13 May 2016

I have been working in a volunteer position without pay during the first year of my F-1 OPT. I am ready to apply for a 24-month OPT extension based on my degree in a STEM field. Can I continue working as a volunteer?

Answer No. Volunteering during the STEM OPT extension is not allowed. Your employer should be paying you wages comparable to the wages received by other workers who are similarly situated. (13.May.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...