25 Mar 2016

I have been self-employed, working on OPT during the first 12-month period. I am about to submit my application for an extension based on my STEM degree. Can I continue to be self-employed? I am registered in E-verify.

Answer While, in the past, the USCIS has not been clear specifically about whether self-employment is one of the permitted types of employment during the STEM OPT extension, under the new rule that goes into effect on May 10, 2016, self-employment during STEM OPT will not...

11 Mar 2016

I am a student in F-1 status. I completed my study and applied for optional practical training (OPT). I just learned that my application was denied. I will be filing a motion to reopen / reconsider the denial soon. …

... However, I would like to transfer to another program and apply for reinstatement as a back-up plan. Can I pursue both of these courses of action? Are there any downsides? Answer It is understandable that you want to increase your chances of being able to maintain...

15 Feb 2016

I was charged with driving while intoxicated (DWI) a few weeks ago. Just a few days later, I received an eMail message from the U.S. consulate oversees that issued my F-1 visa, saying that my visa was revoked. …

... Even though the message did not contain an explanation for the basis of my visa revocation, I think it was due to the arrest. Does the visa revocation affect my status? Can I apply for OPT when I graduate this semester? Answer There have been reports...

05 Feb 2016

I recently graduated from my university, and have an application for optional practical training (OPT) currently pending. Due to a family emergency, I have to travel to my home country. Will my departure affect my OPT application process? What documents do I need to get back into the U.S.?

Answer You should be able to reenter the U.S. once the USCIS approves your application for OPT. Students and Exchange Visitors Program (SEVP) recommends that you make sure the USCIS has a valid U.S. address for you, to which it can send important correspondence regarding your...

01 Feb 2016

I have been working pursuant to the optional practical training (OPT) authorization, which will expire in June. My brother in India is getting married in late April, and I would like to travel home for about a week to attend his marriage ceremony. …

... My employer told me that they would file my H1B petition requesting a change of status to H1B and that I can continue working based on the cap-gap rule until the requested start date of October 1st. Will I be able to come back...