Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer Yes, H1B workers can attend school in addition to their employment. The guidance on this is brief; it just says that the H1B job must be the primary purpose for being in the United States. So, we usually think of this as full-time work, part-time...
... 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,...
... 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...
... and enroll in an academic program that requires I hold F-1 student status. Will I be able to change my status from M-1 to F-1? Answer No, the regulations do not allow for change of status from M-1 to F-1 within the U.S. You must depart...
... 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...
... I also heard that the DHS is in the process of implementing a new rule so that it can continue with STEM OPT. If the new rule is not put in place by the time the current STEM OPT benefit expires, will I be...
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...
... 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...
Answer There is very little clearly stated guidance on taking classes while engaging in OPT. Based on the guidance issued by the Legacy INS in the early 1990s, F-1 students authorized for OPT should be permitted to take classes on a part-time basis, which are either...
